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9th Circuit Court of Appeals Grants Partial Stay in the Navy's Usage of Sonar

Navy NewsStand

Story Number: NNS080303-04
Release Date: 3/3/2008 8:59:00 AM

From Navy Office of Information

WASHINGTON (NNS) -- The 9th Circuit Court of Appeals granted partial stay on Feb. 29 in the Navy's appeal of U.S. district court's preliminary injunction. The Navy's response to the ruling is below:

"We are carefully studying the court's decision and the impact that the preliminary injunction will have on our ability to effectively train and certify our strike groups before they deploy.

"We are heartened that the court's partial stay at least temporarily provides us some relief from the district court's overbroad injunction, but remain concerned that the decision may still not properly balance two public goods: National defense and protection of the environment.

"The court's decision, particularly if the stay is lifted, leaves in place significant restrictions on our ability to train realistically. The Navy is carefully considering additional review, including possible review by the Supreme Court.

"We're a country engaged in two wars. When we send America's sons and daughters into harm's way, we must ensure they have the best possible training. In the next month, we must prepare a carrier strike group and an expeditionary strike group for their roles in those conflicts and whatever else a dangerous world throws at them. In fact, the Peleliu Expeditionary Strike Group's certification exercises have been accelerated specifically as a consequence of the ongoing war effort in Afghanistan.

"Preparing strike groups for deployment, including integrated training involving numerous ships, aircraft, and other units is a very complicated undertaking.
This training must be as realistic as possible to prepare our Sailors and Marines for the full range of operations they may execute.

"The president determined that conducting this series of exercises is in the paramount interest of the United States. Although the 9th Circuit's partial stay gives some deference to the Chief of Naval Operations, its opinion leaves in place the district court's determination that no emergency exists when deploying strike groups can't train effectively, a determination that discounts the judgment of the Commander in Chief and senior military leaders on how they should discharge their responsibilities to the American people for national defense, and for the proper training of those who pledge their lives to that defense.

"The Navy undertakes extensive measures to protect marine mammals while we train. We need to continue to train effectively and to protect marine mammals."

For more information on sonar, visit www.navy.mil/oceans/.