The Supreme Court has agreed to hear a potentially important case concerning the relationship between national security and environmental protection. In Winter v. NRDC the Navy sought review of a court injunction against the use of high frequency sonar facilities during naval training exercises due to their potential impact on whales. Specifically, the district court found that the Navy had failed to comply with the requirements of the National Environmental Policy Act (NEPA). According to the federal government, the Council on Environmental Quality found “emergency circumstances” that justified the Navy’s failure to fulfill NEPA’s requirements, but the U.S. Court of Appeals for the Ninth Circuit disagreed.
The LA Times covers the story here. The opinion below is here.