ELR Citation: ELR 20229
No(s). 07-56157 (9th Cir. Aug 31, 2007)

The Ninth Circuit granted the U.S. Navy's emergency motion to stay a preliminary injunction prohibiting its use of sonar during training activities. Environmental groups argued that the Navy's use of sonar was harmful to the environment, particularly whales. The lower court issued an injunction, but it failed to provide any explanation as to why it absolutely prohibited the use of medium frequency active sonar in the Navy's training program rather than tailor the injunction with mitigation measures that had been approved in prior litigation. The lower court's injunction, therefore, was stayed pending appeal of the case.