In February 2008, a federal district judge barred the Navy from conducting its undersea exercises within 12 nautical miles, or 13.8 miles, of Hawaii’s shoreline. Hawaii wants the Navy to follow the district court ruling for all warfare drills near the islands and not just undersea exercises. Not one to back down, the Navy responded last week that complying with the court’s ruling would prevent it from properly training its sailors. The Navy also questioned whether Hawaii has authority to use state law to enforce federal marine mammal protections. In a classic hedge of its position, the Navy indicated it was willing to discuss the matter with state officials. No official word yet on whether the Navy has progressed against the whales or federal district court.
Posted by: Attorney Sanders
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