BEIJING, Feb. 5 (Xinhuanet) -- Lame duck President George W. Bush lost
another court battle Monday when a federal court judge ruled the president
cannot exempt the Navy from environmental laws banning sonar training that
opponents argue harms whales.
Navy officials did not immediately respond to the ruling by U.S. District
Judge Florence-Marie Cooper. Mark Matsunaga, spokesman for the Navy's Pacific
Fleet, with headquarters in Hawaii, said officials needed time to review it
before commenting.
Bush signed a waiver Jan. 15 exempting the Navy and its anti-submarine
warfare exercises from a preliminary injunction creating a 12 nautical-mile
no-sonar zone off Southern California. The Navy's attorneys argued in court last
week that he was within his legal rights.
The Navy is not "exempted from compliance with the National Environmental
Policy Act and this Court's injunction," Cooper wrote in her 36-page decision.
Environmentalists have fought the use of sonar in court, saying it harms
whales and other marine mammals.
"It's an excellent decision," said Joel Reynolds, attorney for the National
Resources Defense Council, which is spearheading the legal fight. "It reinstates
the proper balance between national security and environmental protection."
When he signed the exemption, Bush said complying with the law would
"undermine the Navy's ability to conduct realistic training exercises that are
necessary to ensure the combat effectiveness of carrier and expeditionary strike
groups."
"I've always felt that the president's actions were illegal in this case,
and the judge has affirmed that point of view with the decision today," said
Reynolds.
(Agencies)