Whales Plaintiffs May Face Long Odds in High Court, Prof Says
A Georgetown law professor says environmental plaintiffs have not fared well in the U.S. Supreme Court when citing the National Environmental Policy Act, and plaintiffs who claim Navy sonar harms whales may be no different.
The professor, Lisa Heinzerling, told the New York Times that plaintiffs have lost all 15 cases brought under the act. The court heard the 16th case yesterday, and even liberal Justice Stephen G. Breyer seemed skeptical.
“I don’t know anything about this. I’m not a naval officer,” Breyer said. “But if I see an admiral come along with an affidavit” swearing to the necessity of Navy training exercises using the sonar, Breyer said, he was inclined to believe that assertion.
The San Francisco-based 9th U.S. Circuit Court of Appeals had required the Navy to limit its use of sonar to accommodate the whales. The appeals court had modified a more expansive injunction issued by U.S. District Judge Florence-Marie Cooper.
The trial judge’s ruling troubled Justice Samuel A. Alito Jr. “Is Judge Cooper an expert on anti-submarine warfare?” he asked.
Also covering yesterday’s oral arguments were the Los Angeles Times, Legal Times and USA Today.
