Sonar Over Whales 0
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The Supreme Court showed extreme and troubling deference to the views of the military, deciding to lift two restrictions on the Navy’s use of sonar in training exercises off the California coast.
The sonar is used to detect extremely quiet diesel-electric submarines that might threaten a fleet. But the noise is earsplitting — as loud as 2,000 jet engines, according to environmental groups — to acoustically sensitive whales and other marine mammals.
Most disturbing was the majority’s strong statements of deference to the professional judgments of military officers. A district court and appeals court in California had shown much more willingness to probe behind the military’s claims.
They had concluded that the Navy could effectively train its strike groups even under the two restrictions it most vigorously opposed: that sonar be shut down if marine mammals were spotted within 2,200 yards and powered down during certain rare sea conditions.
Chief Justice John Roberts, who wrote the majority opinion, chastised the lower courts for failing to defer to the judgment of senior Navy officers who claimed that the restrictions would impair realistic training that is of the “utmost importance to the Navy and the nation.” Chief Justice Roberts downplayed the likely harm to marine life and said the public interest in military readiness tipped the scales “strongly in favor of the Navy.”
Read more @ NYtimes.com
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