Federal Judiciary

Court rules for Navy in sonar use

By Akin Gump Supreme Court Practice Group

The Supreme Court, dividing deeply, upheld the Navy’s power to use sonar in military training exercises, even though the technology threatens marine life in the training zone off the Pacific Coast.  Chief Justice John G. Roberts, Jr., wrote for the majority; there were three full dissents and one partial dissent.   The decision, the Court’s first ruling of the Term, came in the case of Winter (Navy Secretary) v. National Resources Defense Council, et al. (07-1239).

The Court partially overturned a federal judge’s order against the use of the active sonar at least until the Navy took additional measures to mitigate the threat to whales, dolphines and other marine mammals.  Those added measures would have required the Navy to stop its sonar exercises when the threat to mammals was deemed imminent.  The ruling set aside the District Court injunction to the extent challenged by the Navy.

Roberts wrote that “the Navy’s need to conduct realistic training with active sonar to respond to the threat posed by enemy submarines plainly outweighs” the environmental concerns raised by advocacy groups.

NOTE: This post will be expanded later this morning, following the first oral argument.

Full post as published by SCOTUSBLOG on November 12, 2008 (boomark / email).