Well, once again, a federal judge has decided that the Navy can’t use active sonar in scheduled exercises, this time off the coast of southern California.
The U.S. District Court for the Central District of California today enjoined the U.S. Navy from using mid-frequency active sonar during 14 naval training exercises planned for the rich biological waters off Southern California through 2009. Mid-frequency active (or MFA) sonar is used by the Navy to detect submarines but has caused whale strandings and other harm to marine animals around the world. The court concluded that the injunction was necessary given the “near certainty” that use of MFA sonar during the planned SOCAL exercises will cause irreparable harm to the environment.
So where are we supposed to train? Where do our operators develop the visual and acoustic recognition skills to detect, track, classify and ultimately engage submarines?
In trainers?
I don’t think so.
Anti-submarine Warfare (ASW) is a very difficult endeavor. It is very manpower and asset intensive, and the successful ASW campaign relies on highly skilled operators. How do they get that way? By training on live targets. By being able to distinguish real targets from fish, whales, or geologic formations. By constantly rebuilding and refining these skills. During the Falklands War, the Royal Navy launched over 200 ASW weapons for not a single Argentinian submarine sunk. It was a constant threat, and it will be in the next war.
Additionally, the lawyers act as if the Navy just wants to go out and blast sound into the water.
“Once again, a federal court has told the Navy that it cannot ignore basic environmental laws merely for convenience,” said Greg Fayer, a litigator at the Los Angeles law firm of Irell & Manella, co-counsel with NRDC in the lawsuit. “With simple precautions, the Navy can train effectively without endangering the majestic creatures that share our oceans.”
It is not convenience. The areas are picked for a purpose, the purpose of training sonar operators and the ASW team. The simple precautions referred to in most cases negate the effectiveness of the training event and do not allow the ships to simulate combat conditions. Ships, aircraft, and submarines practicing ASW may not be a part of the GWOT, but it is preparation for whatever lays ahead 10, 15, 25 years down the road. We need to maintain those skills now in a realistic environment .
14 exercises over the next two years…
If we can’t find the bad guy submarines, then who will protect our warships and the merchant ships upon which this country and the world depend for trade the next time the ballon goes up?
We’re training to defend our shipping lanes, the economic veins that keep America thriving, and we’re worried about giving a dolphin a headache?
Get the me those Chicken of the Sea tuna folks, a couple of their trawlers and fishing nets will solve this problem right quick.
Federal judges, especially those in California, are quite susceptible to the more liberal leaning enthusiasts. Frankly, as an attorney, I’m not surprised. Most likely, the Navy will appeal to the 9th Circuit, which is another bench well known for its aberrant decisions. Actually, the 9th Circuit is the one Circuit the US Supreme Court regularly reverses. While the appeals process may take awhile to sort itself out (and frustrate those of us wanting to train), chances are the decision will be reversed down the road.
Or…just step outside the U.S. territorial waters. Arguably, the Court will no longer have jurisdiction, even though a federal, executive agency is involved. I’d be interested to research/write that brief.
Or (2) – the reading populace should engage their Congressional representative and remind them of the silly things judges do sometimes. Congress, or the Executive, can legislate (executive order) their way out of judicial decisions.
Score one on the chalkboard for the tree-huggers, but keep the eraser handy too.
This defies common sense. I would argue the court has no jurisdiction as the Navy’s training is to defend the entire United States, not just California/that district. I am in federal Law enforcement now (retired Army), and that district is infamous for its liberalism. I was in court in Puerto Rico where the lawyers were claiming we had no jurisdiction to seize a drug load on the high seas, and the Judge said this is not the 9th Circuit, sit down. Loved it. Hopefully some common sense will prevail.
As if the Navy’s ASW capabilities hadn’t degraded enough already… now they’re being even FURTHER limited by these yo-yo’s.
Time for the Navy to shut down all its bases in California.
Quote: “Or…just step outside the U.S. territorial waters”
As a STS(SS) all I can say is that’s another type of training altogether. Coastal ASW training is what they want to perform and where the most immediate threat would lie. Blue water ASW deals more with below thermal layer detection. Coastal ASW you deal with surf, traffic and concentrated biologic sounds.
I don’t think you guys get it. You keep acting as if they do not know the facts of the matter. They know perfectly well.
They loathe the military, and given the chance would rather see the demise of all of you instead of one whale. Get your mind right: they hate you and what you stand for.
Come to think of it, the Navy should just go ahead with the training.
I mean, practically speaking, how in the hell will the court enforce its order? And who the hell would the judge seriously consider putting in jail for contempt?
Let’s see an Admiral with balls who’ll give the big middle finger to this court and their ascinine decision.
Another wonderful piece of news from the “don’t bother asking, isn’t it obvious” state.
How about we just conduct these exercise in the Persian Gulf or the Straights of Taiwan?
Hello!
Been looking for a blog.
Impressive. Great execution!