The Ecological Society of America has filed a brief amicus curiae urging the Supreme Court to uphold the Ninth Circuit’s injunction in Winter v. Natural Resources Defense Council, Inc., No. 07-1239, the case about the Navy’s use of mid-frequency active (MFA) sonar in training exercises off the California coast:
In the case below, the district court and the Ninth Circuit both determined that the U.S. Navy had likely violated the National Environmental Policy Act (NEPA) by failing to issue an environmental impact statement for its ongoing training exercises off the Southern California coast. The courts agreed with the Navy’s own environmental assessment that its use of mid-frequency active sonar would irreparably harm various whale species. On that basis, the district court issued—and the Ninth Circuit affirmed—a carefully tailored injunction that allowed the training exercises to continue using appropriate mitigation measures while the Navy conducted its environmental impact statement. Because the Ninth Circuit’s decision is based on sound science and policy, it should be affirmed.
Download the brief here. Arguments are scheduled for October. Other briefs in the case, including the amicus brief we filed on behalfof nine retired Admirals and several service support groups, are postedhere.