This NYT editorial is a fresh read on the recent movement on the fallout form the California Coastal Commission/NRDC v. the US Navy:
While we can hope for the best judgment in this case from the nation’s highest court, given the recent judgment by this court allowing the Department of Homeland Security head Michael Chertoff to issue blanket waivers of environmental laws in building the border fence, this current case does not bode well. (see:http://www.reuters.com/article/newsOne/idUSN2348167320080623)
Unfortunately fear trumps reason every time. I am also concerned that if the court rules in favor of the Navy in this case that it will not be long before other “national security interests” begin lining up for their exemptions from environmental laws.