Appeals court OKs sonar ban, orders 2nd look

Appeals court OKs sonar ban, orders 2nd look
By Gidget Fuentes - Staff writer
Posted : Wednesday Nov 14, 2007 19:49:24 EST

SAN DIEGO — Navy officials said on Wednesday that they welcome a federal appellate panel’s decision ordering a lower court to ease and redefine its blanket restriction on the use of medium-frequency active sonar.

A federal district court judge issued a preliminary injunction Aug. 7 that banned the Navy’s use of the sonar for two years. The ruling came on a lawsuit by the Natural Resources Defense Council and several other conservation groups who argued the sonar endangers and can kill marine life and mammals, including dolphins and endangered whales.

The Navy protested, and in late August convinced a 9th Circuit Court of Appeals panel to delay the ban until the Navy could file an appeal. On Nov. 12, a three-judge panel of the 9th Circuit Court of Appeals upheld the preliminary injunction but ruled the district court “did not explain why a broad, absolute injunction against the use of medium frequency active sonar in these complex training exercises for two years was necessary to avoid irreparable harm to the environment.”

The appellate court ordered the federal court “to narrow its injunction so as to provide mitigation conditions under which the Navy may conduct its training exercises,” and set a Jan. 4 deadline.

The preliminary injunction has allowed the completion of one training exercise using the sonar, and another exercise already underway is slated to end by Nov. 22.

The Navy has contended that the mid-frequency sonar, which officials say is needed to train the fleet to hunt down potential threats from modern, super-quiet submarines, hasn’t harmed the environment.


Rest of article at: http://www.navytimes.com/news/2007/11/navy_sonar_071114/

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