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September 8, 2008 12:08:46 AM CDT



Appeals Court Nixes Sonar Exemption Claim by Navy

Posted Mar 2, 08 5:25 AM CST in US Science & Health 

(Newser) – The US Navy is not exempt from laws that ban whale-harming sonar, a federal appeals court has ruled. The Bush administration had contested an earlier ruling, arguing that halting sonar use when whales are nearby poses "significant restrictions on our ability to train realistically." Whales and dolphins have been found dead of bleeding around the brain near training sites, the Los Angeles Times reports.

Taking the mandated precautions to avoid harming marine life "will not likely compromise the Navy's ability to effectively train," the court found. The judge called the White House's "emergency" exemption "constitutionally suspect," but still gave the Navy 30 days to bring the case to the Supreme Court—and continue training missions in the meantime.

Source Los Angeles Times

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The flukes of a gray whale as it dives off the Southern California coast near the Palos Verdes Peninsula is seen Wednesday, Jan. 16, 2008. A court yesterday ruled against the Navy's request to be exempted...   (Associated Press)
In this Sept. 2, 2006 file photo, provided by the Center for Whale Research, a female orca, or killer whale, travels with her 3-year-old offspring in waters around the San Juan Islands in Washington State....   (Associated Press)
This image provided by the Cascadia Research Collective shows an adult female beaked whale swimming off the Kona coast in Hawaii, Dec. 4, 2006. These beaked whales have been at the center of the dispute...   (Associated Press)
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