The California Coastal Commission filed a lawsuit Thursday against the U.S. Navy for rejecting its recommendations for additional safeguards to protect whales and other marine mammals from high-power sonar used by ships in training exercises planned for Southern California waters.
The lawsuit, and a separate suit filed Thursday by environmental and animal welfare groups, sets up a legal battle in federal court in Los Angeles that pits the state's right to enforce environmental protections against the Navy's efforts to exempt itself from environmental rules in the interests of national security.
The issue has surfaced because of increasing scientific evidence linking the powerful sonar to panicked behavior of whales and dolphins -- and even mass die-offs in the Bahamas, the Canary Islands and elsewhere -- after naval exercises.
"The Navy cannot simply arm-wave away the body of evidence that sonar can harm and kill marine mammals," said Commissioner Sara Wan. She and attorneys for the state and nonprofit groups all said they believe that national security is essential but that extra safeguards for whales and other marine life during training sessions should not compromise troop readiness or national defense.
"Whales and dolphins should not have to die for practice," said Joel Reynolds, an attorney with the Natural Resources Defense Council.
Vice Adm. Barry Costello, commander of the 3rd Fleet in San Diego, said he was disappointed by the lawsuit but declined to comment on the specifics of the case. He emphasized that the U.S. fleet must be prepared for battle in Asia and the Persian Gulf, including using mid-frequency sonar to hunt for quiet diesel submarines that are proliferating around the world.
"My understanding is that the Coastal Commission didn't want us to operate our sonar at night," Costello said. "If we go into harm's way, our enemy will be working at night. We want to make sure our sailors have the proper training to go forward."
He said the Navy just wrapped up exercises involving an aircraft carrier and dozens of other ships, aircraft and submarines. All managed to coexist with whales as they have in similar exercises from Santa Barbara to Baja California for the last 30 years, he said.
