Winter v. Natural Resources Defense Council

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Winter v. Natural Resources Defense Council
Supreme Court of the United States
Argued October 8, 2008
Decided November 12, 2008
Holding
Military preparedness outweighs environmental concerns, as Navy needs to train its crews to detect modern, silent submarines, and it cannot be forced to turn off its sonar when whales are spotted nearby.
Court membership
Chief Justice: John G. Roberts
Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito
Case opinions
Majority by: Roberts
Joined by: Scalia, Kennedy, Thomas, Alito
Concurrence/dissent by: Breyer
Joined by: Stevens
Dissent by: Ginsburg
Joined by: Souter

Winter v. Natural Resources Defense Council, was a case heard before the United States Supreme Court on October 8, 2008 concerning the United States Navy ability to use sonar during drills causing possible harm to whales and other marine mammals.1

In balancing military preparedness against environmental concerns, the majority came down solidly on the side of national security. Chief Justice Roberts wrote in his opinion, “the most serious possible injury would be harm to an unknown number of marine mammals that they study and observe.” By contrast, he continued, “forcing the Navy to deploy an inadequately trained antisubmarine force jeopardizes the safety of the fleet.”2

Environmentalists contend that the sonar has a possible deafening effect on the whales. They said studies conducted around the world have shown the piercing underwater sounds cause whales to flee in panic or to dive too deeply. Whales have been found beached in Greece, the Canary Islands and in the Bahamas after sonar was used in the area, and necropsies showed signs of internal bleeding near the ears.3

References

  1. ^ Markon, Jerry; Eilperin, Juliet (2008-10-09). "NOAA, Court Focus On Marine Mammals: Ship Speed Limited; Sonar Use Debated", Washington Post. 
  2. ^ Liptak, Adam (2008-11-12). “Supreme Court Rules for Navy in Sonar Case”, The New York Times. 
  3. ^ Savage, David G.; Weiss, Kenneth R. (2008-11-12). “Ruling unlikely to quell sonar storm”, Los Angeles Times. 

External links

Wikipedia content modification information:

  • This page was last modified on 13 November 2008, at 08:46.

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