"We are currently engaged in war, in two countries ... The safety of the whales must be weighed, and so must the safety of our warriors. And of our country," Friday's ruling said.
Environmentalists say the sonar -- which works by flooding large areas of the ocean with loud bursts of sound -- can injure or even kill whales, forcing them to beach themselves on land.Although litigation brought over war games off the coast of Hawaii resulted in a settlement last year, the navy had refused to take steps to mitigate the impact of the sonar during tests in California waters -- like posting people to watch out for whales and tailoring activities to avoid them.
The court criticized the navy for this, but ultimately said the groups fighting to protect the whales had not substantiated their case of irreversible damage to whales and to the environment from the use of sonar.
"The district court did not explain why a broad, absolute injunction against the use of the medium frequency active sonar in the complex training exercises for two years was necessary to avoid irreparable harm to the environment," the appeals court said.
I remain horrified that some of our most significant wartime victories must be won in our own courts against "fellow" Americans.
