CA Coastal Commission files against presidential sonar order that harms marine mammals

[babylonsister]

Calif Coastal Commission files against presidential sonar order
Submitted by davidswanson on Wed, 2008-01-23 03:44. Criminal Prosecution


LOS ANGELES (AP) - The California Coastal Commission filed a court brief against President George W. Bush's exemption of the Navy from environmental laws that would restrict use of high-power sonar off the coast, which critics say is harmful to whales and other marine mammals.

Filed Tuesday in Los Angeles federal court, it argues the president violated constitutional guarantees of separation of powers by overriding an earlier court decision limiting sonar use.

«This is an effort by the president to rule by decree instead of observing the rule of law,» said California Attorney General Jerry Brown, whose office represents the coastal commission. «It's hard to find words to express the extent to which this deviates from the American tradition of separation of powers. It's shocking.

Cmdr. Jeff A. Davis, a Navy spokesman, declined to comment on the filing.

An after-hours message left with the U.S. Department of Justice's press office was not immediately returned.

The Natural Resources Defense Council, which is fighting the sonar use, planned to file its own brief Tuesday alleging a breach of separation-of-powers doctrine and questioning the president's reasoning that limits on testing qualified as an emergency requiring his intervention, said Joel Reynolds, a lawyer for the group.

«The president does not have authority under the laws of congress or the U.S Constitution to override an order of a federal court,» Reynolds said. «His position is dangerous, illegal and unjustified.

more...

http://www.afterdowningstreet.org/?q=node/30350

[pleah]

1. His position is dangerous, illegal and unjustified, but that won't stop him.

Godless Warmongering Bastard does not care about the environment. Oil, money and power trump life!

[babylonsister]

2. Hopefully this commission can stop him in his tracks. I'm glad

someone is trying to.

[Le Taz Hot]

3. The affect this would have on the

whale migration, particularly the California Greys, would be devestating. Imagine whales washing up on the shores of Long Beach or Monterey. Not to mention the still-endangered California sea otter. I wish I knew how to post pictures but if someone else could I'd appreciate it. Both species are particularly near and dear to my heart as I've spent hours and hours watching these precious creatures.

[pinto]

4. Good move. As overbearing as the Commission can seems at times,

this is a good one to fight.

[Peace Patriot]

5. Overbearing? Whatever pieces of the California coast that are still open to the public

is due in large part to the California Coastal Commission. You really can't be too "overbearing" when it comes to developers and the super-rich and their gobbling up of land, wild areas, scenic views, public resources and open public spaces.

The California coast belongs to the public! Stringent protection is needed - unless you want to see the horrors of the Florida, Hawaii, New Jersey and other coastlines repeated here. We already have State Park beach fees in the form of high parking costs, and red curbs, from Malibu to San Diego, overdevelopment of these coastal areas, and reduced access to the public, especially to the poor - because of rightwing/fascist pressures on the Coastal Commission. I want to see more CC strength and activism in the public interest, not less. And I am very glad to see them take on the goddamned Bush Junta over Navy sonar programs that will kill whales. The grey whales' comeback is one of the few things that we, the human race, can be proud of, as to our horrendous impacts on other species. For once, we did something right! And now these greedy, murderous fascists want to undo it!

The California Coastal Commission - one of the last vestiges of our once great progressive nation - deserves much praise for this. Please spare the left-handed compliments. The CC needs to be not just "overbearing" - but draconian, in efforts to save our coastline and our planet. To hell with Bush! And to hell with any more ravaging of our overbuilt coastlines and dying oceans! It's time get real bad about it!