Monday, December 29, 2008

Navy Settles Several Lawsuits with the National Resource Defense Council

The Supreme Court ruling that essentially says the Navy right to train with sonar overrides other concerns is having some effects on other lawsuits. I didn't like the Supreme Court ruling at the time, because I don't think it dealt with the actual issues of the case, but that is neither here nor there. Clearly I love the US Navy and didn't like the lawsuits much, but I also think the Navy has a serious duty to respect the marine environment and be diligent in the services obligations in protecting the environment. I for one think the Navy has evolved towards this position, in part due to these lawsuits, and has become a good steward of the environment.

With that said, winning the Supreme Court case, and in particular how they won, has enabled these types of settlements.

The Navy has settled a lawsuit filed by environmentalists challenging its use of sonar in hundreds of submarine-hunting exercises around the world.

The Navy said Saturday the deal reached with the Natural Resources Defense Council and other groups requires it to continue to research how sonar affects whales and other marine mammals.

It doesn't require sailors to adopt additional measures to protect the animals when they use sonar.
What is interesting is that these are not new terms that have come about since the Supreme Court decision, rather the same terms the Navy had been seeking all along.

For example, the US Navy is the number one funding source in the world in regards to sonar affects on marine mammals, and the research is actually outsourced to the nations top academic experts in the best marine studies universities in the United States. That is hardly a loss for the US Navy or the National Resources Defense Council, it gives both organizations something to hang their hat on.

The "additional measures" aspect is also interesting. The US Navy has already established 29 measures to protect marine mammals from the effects of sonar during training, measures which were btw, developed using the data produced from all the previous funding that both sides were using as the facts in all sonar cases. Up until now, the 29 measures weren't enough for the National Resources Defense Council, but now that it has been made clear the Supreme Court won't even listen to the facts of the case anyway, the NRDC is taking what is a very strong commitment by the US Navy and adopting them as a policy (for now).

You can read all 29 measures previously posted here.

Personally I think this is a good move for both sides. The NRDC, for better or worse, has forced the Navy to adapt to positions that do require measures for protecting the environment, which is what the NRDC claims is their role in bringing about the lawsuits in the first place. For its part, the Navy has found middle ground with these environmental groups to settle these cases. Both sides have something they can show tangible results from in these settlements, and both sides can rightfully claim victory in purpose. Like anything though, it will be interesting to see how long the peace lasts.

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