WASHINGTON - Judge Florence-Marie Cooper of Federal District Court has quashed a decision by President George W Bush to grant an exception to the Navy for conducting sonar exercises off the coast of California. The Judge said that the Navy must follow the restrictions imposed on sonar use because of fears of injuring whales in the area.
President George W Bush had granted an exemption last month and had said national security was at stake. However environmental groups had protested the ruling and had said the submarine detection exercises off California coast were detrimental to the health of the whales.
Judge Cooper had granted an injunction in January that barred the Navy from using sonar in a 12-mile zone that was the habitat of dolphins and whales. She said there was no reason for the Navy to disregard those restrictions.
"The Navy's current 'emergency' is simply a creature of its own making ... its failure to prepare adequate environmental documentation in a timely fashion," she wrote. Judge Cooper also said the there were questions regarding the constitutionality of President Bush's decision to grant an exemption to the Navy.
Joel Reynolds, a lawyer with the Natural Resources Defense Council, which had appealed against Bush's exemption, said the ruling vindicated their stance. He added that Judge Cooper had "carefully balanced the competing interests of military readiness and environmental protection."
Tony Fratto, a White House spokesman said they disagreed with the ruling, while the Navy said it was reviewing its options.
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