Friday, February 08, 2008

Enviro-Judge Exceeding Her Jurisdiction?

A San Francisco-based (surprised?) judge extended an injunction against the US Navy's use of advanced sonar systems to territory as far away as Australia, citing concern for whales and other marine mammals.

Story here.

Another federal judge has cited environmental concerns in limiting sonar operations that the Navy says are vital for protecting its ships from enemy submarines.

Elizabeth D. Laporte, a San Francisco-based magistrate, on Wednesday said restrictions that have barred the Navy from testing a new, more powerful type of sonar system in waters off the coasts of California and Hawaii should be extended to more distant waters such as those near the Great Barrier Reef, the Galapagos Islands and Pelages Sanctuary.

Laporte said expanding the injunction was critical because the prior agreement included mostly areas off the coast of the U.S. But other waters also have large numbers of marine mammals, he said.

“The court said the areas the Navy would exclude were too few and were largely clustered around the United States,” Jansy said. “Habitat for marine mammals is not just found off the U.S.”

Under Laporte’s injunction, federal government attorneys must now meet with NRDC representatives to come up with a new set of restrictions that are agreeable to both sides, so the agreement in the six-year old case can be updated.



Didn't know that civilian judges had so much power over the US Navy when it operated in international waters. Interesting, and I'm wondering if she's overstepping her authority and treading on Executive Branch territory?

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