RECENT FEDERAL DECISIONS

March 2008

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Presidential Proclamation Exempting Navy Sonar From NEPA/Coastal Act Invalidated for Failure to Show ‘Emergency’ Circumstances
Natural Resources Defense Council, et al. v. Winter, et al., ___F.Supp.2d___

White House officials cannot override a judicial order requiring the Navy to take precautions to protect marine mammals from sonar by making “Emergency Alternative Arrangements,” as defined in the National Environmental Policy Act (NEPA) regulations, in lieu of preparing an environmental impact statement (EIS). Federal District Court Judge Florence Marie-Cooper ruled the Navy’s training missions do not constitute an “emergency” because they do not involve urgent or unforeseen circumstances and, therefore, no legal basis existed to support the White House’s attempt to exempt naval training missions from environmental laws.