TERRA.WIRE
US Navy barred from sonar use over harm to whales
 LOS ANGELES, Aug 6 (AFP) Aug 07, 2007
 The United States Navy was on Monday barred from using an ear-splitting sonar in upcoming wargames off the California coast alleged to be harmful to whales and other marine life.

In the latest twist to a long-running legal saga, federal judge Florence-Marie Cooper ruled there was a "near certainty" that the Navy's active sonar was harmful to the environment.

The judge issued a preliminary injunction against use of the sonar after rejecting a request by the Navy to dismiss the case against it lodged by the Natural Resources Defense Council (NRDC) and other environmental groups.

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.

Campaigners said 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 Southern California waters.

"(The ruling) confirms that, during sonar testing and training, the Navy can and must protect whales and other marine life in the extraordinarily rich waters off our Southern California coast," NRDC lawyer Joel Reynolds said.

The Navy had argued that the tests were necessary in order to properly train personnel on how to detect quiet submarines.

"The US Navy's use of sonar, and the ability to test and train with it, is critical to the national security of the United States," the government argued in papers before the hearing.

"The proliferation of quiet diesel submarines during the last decade has created a serious threat to the United States and its allies.

"The expertise required to operate these systems is a perishable skill that must be maintained by regular training, in real-world conditions."

Navy officials said they will appeal the order, which will remain in place until the lawsuit filed by environmental groups is resolved.

Captain Neil May, assistant chief of staff for training and readiness for the Navy's 3rd Fleet, said after Monday's hearing that the injunction would impact the fleet's ability to train to the required standards.

He said the effects of the ruling was akin to "defending against one of the most lethal predators partially blinded and deaf.

"Our ability to train to the readiness standards and strengths using a critical tool has been put on the shelf," May said.