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.

It appears that the Masai Mara Reserve in Kenya is struggling with funds to upkeep the reserve and protect wildlife from poachers. You can hear the “Urgent Appeal” of the Mara Triangle (the North-Western part of the Masai Mara Game Reserve) online in their blog on WildlifeDirect. WildlifeDirect is a non-profit organization that seeks to raise funds for conservation efforts in Africa, Asia, and South America. Dr. Richard Leakey, Chairman of WildlifeDirect, hopes to reach people all around the world via the Web among other media outlets, in order to inform people about the issues concerning the continued protection of endangered wildlife and habitat conservation. Donations to WildlifeDirect help towards funding a range of field costs from ranger boots to gas for patrol vehicles to veterinary equipment.

You can also visit the Mara Triangle’s Web site here to learn more about Masai Mara and the Mara Triangle in partnership with the Mara Conservancy. In this site, you can donate to fund the Masai Mara’s patrol rangers. Watch videos posted by Joseph Kimojino, the head of tourism and anti-animal harassment for the Mara Conservancy (seen blogging in the YouTube video above), on Vimeo.

Open donations are also welcome at WildlifeDirect or you can find pages on their site where there are funds being raised for specific necessities for certain locations. In addition, WildlifeDirect provides other blogs (bloglist) from other countries around the world that are working towards preserving endangered wildlife, ending illegal wildlife trafficking, and protecting wildlife habitats.

You can choose how much you want to donate and to whom you want to help. Even five dollars would help to fuel the conservation efforts happening all around the world. Just imagine, you can be thousands of miles away from the actual place in need of funds and you can still help with a few clicks from your computer. If you’ve never made an online donation using PayPal, it’s easy and secure. Learn about PayPal here, or you can also donate to WildlifeDirect through Network for Good by clicking here. Find out more on Network for Good on their Wikipedia page. If you’re new to making online donations, keep in mind these general safety tips. Please get started so that places in need can get a helpful hand.

Oceans cover approximately 71% of the world’s surface and nurture the majority of this planet’s living matter. More than 90% of this habitat exists in the dark abyss. Scientists have estimated that only 5% of the oceans have been explored so far. That’s incredible. We are so lucky to get the opportunity to study and discover sea creatures that have been around for ages. So it’s probably not a surprise to know that I’d be very interested in the case, Winter v. Natural Resources Defense Council.

Winter v. Natural Resources Defense Council is a case that was brought to the U.S. Supreme Court on October 8, 2008. The case was heard by the Supreme Court as a result of a ruling by an appellate court. The Court of Appeals for the Ninth Circuit ruled in favor of environmentalist concerns that the use of sonar by the navy may adversely affect marine mammals, particularly beaked whales. Therefore, an injunction was placed on navy drills taking place in the Pacific Ocean off the coast of Southern California. This injunction orders that the navy must cease their use of sonar during training exercises if they detect any whales within a certain proximity.

Environmentalists are linking mass whale strandings with the navy’s sonar, saying that sonar can confuse whales on a level that interferes with the mammal’s ability to navigate. They note that there have been patterns among many whale strandings that happen soon after the navy engages in exercises involving sonar usage. It has also been observed that beached whales show signs of experiencing a form of decompression sickness as these whales show gas-bubble lesions and bleeding from the eyes and mouth. Although environmental concerns over the sonar harming whales are circumstantial, conservationists warn that there is a definite link between sonar and injured beached whales.

The government is arguing that national security is put at risk when they cannot perform their training exercises in its entirety. The Bush Administration explains that it puts the nation at risk against outside terrorist threats and hinders the effectiveness of navy procedures, which are thought to be critical measures necessary for public safety. When asked why the government did not provide an Environmental Impact Statement (EIS) before they initiated their training drills last year, they simply said that they didn’t think it was necessary because they felt it wouldn’t affect marine mammals. However, federal law requires an EIS for any action that could noticeably affect the environment.

The decision now rests with the Supreme Court on whether the injunction should be moderated or thrown out completely. I have to say that I’m quite interested to know how the decision will turn out. On one hand, if the injunction gets overturned, I fear that the government will use the idea of national security easily thereafter (whether the claimed threat is actually real is unbeknownst to us). Thus, the navy would be legally sanctioned to engage in activity thought to be detrimental to the environment without fully understanding the effects. On the other hand, you have environmental laws obstructing “crucial” military practices that the national security relies on to protect people. There will be people who will wonder to the extreme on why we are risking human lives for marine mammals. Hopefully, both sides will be able to meet somewhere in the middle.