October, 2008

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Offshore oil drilling constrained by military toxics dumping grounds.

Sunday, October 19th, 2008

Marine Photobank trash

Outer Continental Shelf hero Richard Charter sent us a rather depressing article. (excerpted below) It seems that proposed oil operations off the New Jersey coast will be constrained by some very reckless chemical weapons dumping done by our military.

This is a sad comment on how the military has been able to run roughshod over our environment with impunity. Unfortunately this behavior seems to be embedded in our governance – as evidenced by the high percentage of Superfund sites that are of military origin, and most recently in the Supreme Court case to determine if the Executive branch can exempt the military from environmental law (based on the Navy’s desire to use sonar without mitigation).

I believe that the military has a lot to answer for prior to being allowed to despoil our planet without oversight or responsibility. Surprises like the New Jersey ocean dumping sites do little to convince me that the Army or Navy are the “environmental stewards” that they claim in their respective PR material.

Of course military training is critical - any sovereign nation needs a prepared military. But allowing the military to determine the risk-economies of their own actions is irresponsible governance at best, and as the New Jersey dumping sites illustrate, potentially suicidal.

Hopefully the Supreme Court justices are taking this into consideration in their deliberations about the Navy sonar training.

Excerpted from the Press of Atlantic City, Donna Weaver, staff writer. The “expert” opinion in the last sentence is particularly troubling.

Oil drilling could disrupt chemical weapons off N.J. coast

“The U.S. Army has admitted to dumping 64 million pounds of chemical weapons into U.S. waters from World War I until the early 1970s….Last month, Congress voted to open waters off the Atlantic and Pacific coasts to oil and gas drilling…”

Chemical agents such as mustard gas, sarin gas, arsenic, cyanide and VX nerve gas were all dumped off the Atlantic Coast, raising questions about safety and the volatility of weapons in those dumpsites.

“If you put an oil platform on top of one of those piles, it will be a concern. You don’t want to be on a platform on top of this stuff,” said Richard Albright, of Grasonville, Md., an environmental health scientist, lawyer and author of “Cleanup of Chemical and Explosive Munitions.” “There is enough of this stuff out there that they will want to check and see if the area is clear.”

But according to a 2007 report prepared by the Congressional Research Service on the U.S. disposal of chemical weapons in the ocean, Albright’s suggestion could prove to be quite difficult.

The report states the primary obstacle is locating the weapons in the ocean. The lack of coordinates for most of the disposal sites, and the possibility that ocean currents may have moved the weapons beyond the dump areas, makes finding the weapons difficult at best if not impracticable in some cases, according to the report.

There is no scientific documentation on what effect oil exploration could have on these dumpsites, according to Albright.

When it comes to seismic testing in oil exploration, Albright said, if a significant charge is used in an area where weapons are located it could open up weapons and possibly wash them onto shore.

“If they hit a site with their depth charge, there is going to be a problem. There’s a risk there, but not enough to not do the drilling,” he said.

Supreme Court hears Endangered Species Act Case

Thursday, October 9th, 2008

justices-topperYesterday the Supreme Court heard the Navy Sonar case that originated in California early this year when the Whitehouse attempted to overrule a district court judgment on the US Navy’s proposed sonar exercises off of the California cost.

The actual case is really about executive powers – and whether the executive branch can allow any agency exemptions from federal laws and the judgment of the courts under the rubric of “national security.”

It just so happens that the federal laws in this case are the Endangered Species Act and the National Environmental Policy Act – triggered by the NRDC / California Coastal Commission v. the US Navy cases that came up early in 2008.

At the moment the court is divided, with Souter, Ginsberg, Stevens and Breyer maintaining that this “emergency” was a result of inaction by the Navy (among other arguments).  Justices Alito, Roberts, Scalia, and Kennedy are weighing in for the expertise of the Navy and the power of the executive branch (no surprises here).

Justice Breyer is the “on the fence” vote and may determine the outcome on this case over the next few months. A ruling is expected early next year.

More can be read about this here: http://www.cnn.com/2008/TECH/science/10/08/sonar.whales/index.html and below.

US Justices Seem Split Over Navy Sonar Whales Case

James Vicini for Reuters


WASHINGTON – The Supreme Court seemed on Wednesday closely split on whether President George W. Bush can exempt the Navy from federal environmental laws, a case pitting protection of whales against military training exercises.

In the most significant environmental case of its new term, the court is reviewing a ruling that required the Navy to take various precautions to minimize harm to dozens of species of whales and dolphins.

The four liberal justices expressed concern over the administration’s failure to do an environmental impact statement before sonar training exercises began off the southern California coast.

Environmentalists say the intense sound waves used in sonar training exercises can harm or even kill endangered whales, possibly by interfering with the marine mammals’ dive patterns.

During the arguments, the conservative justices appeared supportive of the administration’s argument that judges should defer to the judgment of the Navy and Bush, and allow the submarine-hunting exercises.

After a judge issued a preliminary injunction imposing numerous restrictions on the Navy, Bush intervened. He cited the national security necessity of the training and exempted the Navy from the environmental laws at the heart of the legal challenge.

A US appeals court rejected the White House’s effort to exempt the Navy from the laws, prompting the administration to appeal to the Supreme Court.

Solicitor General Gregory Garre, the administration’s top courtroom lawyer, told the justices the Navy’s ability to use sonar to locate and track enemy submarines is “vitally important” and “critical to the nation’s own security.”

Liberal Justices David Souter and Ruth Bader Ginsburg asked why the administration planned to complete an environmental impact statement in January, rather than doing it in February of 2007 when the exercises began.

“To the extent that there was an emergency, wasn’t the emergency created by the failure of the Navy to take any timely action?” Souter asked Garre.

Justice John Paul Stevens and Stephen Breyer raised similar concerns.

Los Angeles lawyer Richard Kendall argued on behalf of the environmentalists that brought the challenge, but encountered a series of tough questions from conservative justice.

Justice Samuel Alito asked whether there was any evidence marine mammals would be harmed by the sonar, and called it “incredibly odd” that a single judge could make a determination at odds with the Navy.

Chief Justice John Roberts seemed concerned that the judge had not properly balanced the harm to marine mammals with the “substantial challenge” imposed on the Navy.

Justice Anthony Kennedy questioned whether the judge in the case should have given greater weight to the administration’s position that the training was necessary for national defense.

And Justice Antonin Scalia said the government’s initial environmental assessment, that the endangered whales would not be harmed, should have been sufficient.

A ruling in the case is expected early next year (Editing by David Wiessler)

Story by James Vicini

Story Date: 9 October 2008