Ka Wai Ola - Office of Hawaiian Affairs, Volume 25, Number 12, 1 December 2008 — Sonar restrictions lifted in Colifornia, remain in Hawaiʻi [ARTICLE]

Sonar restrictions lifted in Colifornia, remain in Hawaiʻi

In a defeat for environmental groups, the U.S. Supreme Court last month lifted restrictions on the Navy's use of sonar in training exercises off the Cahfomia coast. Under a previous lower court decision, the Navy's submarinehunting exercises were required to use precautions whenever their slups eame within a set distance of whales, including several protected species. Environmentalists, citing evidence of whales' susceptibUity to serious and fatal injury caused by the effects of sonar testing, filed suit to keep limits on the Navy practice exercises in plaee. The majority opinion did not address the merits of the claims put foiward by the environmental groups. It said, rather, that the overall public interest tips "strongly in favor of the Navy," and the need to adequately train a U.S. anti-submarine force. MeanwlUle, Umits on Navy sonar

testing in HawaUan waters remain in plaee under an injunction imposed last Febmaiy by U.S. District Court Judge David Ezra. Tlus marked a court victoiy for Earthjustice Hawai'i. A lawsuit brought by Earthjustice against the Navy, miiTored the one by environmental groups in Cahfomia in citing research that whales suffer lifethreatening physical haim from sonar. Sonar testing continues to take plaee in HawaUan waters but must follow the court-imposed requirement to stay at a safe distance from whales.