Congressional Digest

Supreme Court Debates November 2008 No. 9 Vol. 11
Opinion of the Court

Navy Sonar Exercises

The Potential Impact on Marine Mammals

Opinion of the Court

The U.S. Navy did not have to limit its use of high-powered sonar during training exercises until it conducts an environmental impact statement.

The following is excerpted from the summary of the majority opinion written by Chief Justice Roberts, as prepared by the Court Reporter of Decisions: The preliminary injunction is vacated to the extentchallenged by the Navy. The balance of equities and the public interest — whichwere barely addressed by the district court — tip strongly in favor of theNavy. The Navy’s need to conduct realistic training with active sonar torespond to the threat posed by enemy submarines plainly outweighs the interestsadvanced by the plaintiffs.             The lowercourts held that when a plaintiff demonstrates a strong likelihood of successon the merits, a…

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