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TUESDAY, NOVEMBER 24, 2009
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Supreme Court OKs Navy Sonar Near Whales

5-4 decision sides with Bush administration

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(Newser) – The Supreme Court sided 5-4 with the Bush administration today, exempting the Navy from switching off high-powered sonar near whales during training off California's coast. The piercing underwater sounds panic whales and make their ears bleed, environmentalists tell the Los Angeles Times. But the “public interest” in the exercises “plainly outweighs” those environmental concerns, Chief Justice John Roberts wrote.

Roberts doubted whether a whale had ever been harmed by the Navy's 4 decades of coastal activities. California's courts should not be “second-guessing” the views of Pentagon leaders, he wrote. The dissenting judges—John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer—said the Navy should complete an environmental impact study before engaging in such training. The court ruling doesn't stop the Obama administration from adopting a different policy, the Times notes.

Navy Sonar technicians monitor contacts on a combat system aboard a guided missile destroyer off Southern California's coast in January.
Navy Sonar technicians monitor contacts on a combat system aboard a guided missile destroyer off Southern California's coast in January.   (AP Photo/US Navy - James R. Evan)
A Navy ship passes under the Golden Gate Bridge as part of the Parade of Ships during the 27th annual San Francisco Fleet Week celebration.
A Navy ship passes under the Golden Gate Bridge as part of the Parade of Ships during the 27th annual San Francisco Fleet Week celebration.   (AP Photo'/U.S. Navy, Mass Communication Specialist 1st Class Krishna Jackson)
A federal appeals court had required the Navy to switch off its sonar when whales approached and lower decibel levels to avoid harming marine mammals. The Supreme Court rejected that decision today.
A federal appeals court had required the Navy to switch off its sonar when whales approached and lower decibel levels to avoid harming marine mammals. The Supreme Court rejected that decision today.   (AP Photo/Reed Saxon)
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We give great deference to the professional judgment of military authorities concerning the relative importance of a particular military interest.
- Chief Justice John Roberts

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