Navy Appeals Injunction and Deny Motion to Vacate
Navy NewsStand
Story Number: NNS080207-28
Release Date: 2/7/2008 5:39:00 PM
From the Navy Office of Information
WASHINGTON (NNS) -- A Notice of Appeal was filed by the Department of Justice on behalf of the U.S. Navy, Feb. 6 in the U.S. District Court for the Central District of California challenging the district court's Jan. 10 injunction and Feb. 4 order denying motion to vacate or for stay pending appeal.
This is a formal step required to initiate an appeal (9th Circuit Court of Appeals).
"We filed a notice of appeal yesterday in the U.S. District Court challenging the court's issuance of a Modified Preliminary Injunction on Jan. 10, denial of our motion to vacate the court's preliminary injunction, and refusal to issue a stay pending appeal. This is a formal step required to initiate an appeal with the 9th Circuit Court of Appeals.
"We are disappointed with these decisions of the court. We believe they do not properly balance two public goods: National defense and protection of the environment.
"We disagree with the court's conclusion in its order of Feb. 4 refusing to vacate the preliminary injunction or to grant a stay pending appeal that preparing a strike group for deployment is not urgent, but a matter of routine. Deploying strike groups without necessary training can mean the difference between life and death for thousands of Sailors and Marines.
"We take our responsibility to protect the environment seriously, and have taken extraordinary measures to protect marine mammals.
"When we send America's sons and daughters into harm's way, we must ensure they have the best possible training. The president determined that these exercises are in the paramount interest of the United States. We believe the court erred when it found otherwise."
For more information on sonar, visit www.navy.mil/oceans/.
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