Love For Animals

Beluga Whale (Photograph by Brian J. Skerry) _

On October 10, 2008, I posted a blog entry, “U.S. Navy Sonar and Marine Life” on the Supreme Court hearing of Winter v. Natural Resources Defense Council — a case that involved the concern over whether or not the use of sonar in U.S. Navy training drills should be regulated due to its potential harm on marine life. Please read the first blog on this topic in order to better orient yourself to the case. It wasn’t until yesterday, November 12, that the Supreme Court made a decision to overturn the injunction placed on the U.S. Navy by the United States District Court for the Ninth Circuit.

The majority of the Justices (Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr.), including Chief Justice John G. Roberts Jr., felt that “the District Court abused its discretion” and ruled in favor of the navy. Stephen G. Breyer and Justice John Paul Stevens wrote an opinion partially agreeing. Justice Ruth Bader Ginsburg and Justice David H. Souter dissented and argued that “in imposing manageable measures to mitigate harm until completion of the [environmental impact statement], the District Court conscientiously balanced the equities and did not abuse its discretion.” Ginsburg agreed that the navy’s usage of sonar in training exercises is critical in its purpose, but also stated that “those interests do not authorize the Navy to violate a statutory command, especially when recourse to the Legislature remains open.”

I am a little disappointed at this decision. I had hoped that both sides could meet somewhere in the middle, and I would have to agree with Justice Ginsberg and Justice Souter. The U.S. Navy clearly could have completed the required Environmental Impact Statement (EIS) before they engaged in the training exercises, but they didn’t and continued with the exercises not knowing the impact their actions made on the environment. There’s a reason for an EIS and a reason why it is legally required — especially in this case where many environmentalists contested against the use of sonar within a certain proximity of marine mammals. It’s an unfortunate ruling in my opinion because I do think there is a link between sonar and the mass occurrences of beached whales, whom appear to be suffering from a painful form of decompression sickness.

You can read more on the details of the case at On The Docket: Supreme Court News - Winter v. Natural Resources Defense Council.