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Supreme Court Rules For Navy
On Nov. 12 the Supreme Court ruled for the Navy on the challenge to Navy's use of sonar for the 14 antisubmarine warfare (ASW) combat certification training exercises off the coast of Southern California (SOCAL). In a strongly worded opinion, supported by a majority of the Justices, the Court recognized both the public interest and the Navy's interest in effective realistic training to ensure the Navy is able to track and target enemy submarines. The Supreme Court vacated the two training restrictions in the preliminary injunction that Navy told the court unacceptably restricted our Sailors' ability to conduct realistic combat training in SOCAL with mid-frequency active sonar (MFAS). The majority opinion concluded that "the balance of equities and consideration of the overall public interest in this case tip strongly in favor of the Navy." "This case was vital to our Navy and nation's security, and we are pleased with the Supreme Court's decision in this matter. We can now continue to train our Sailors effectively, under realistic combat conditions, and certify our crews 'combat ready' while continuing to be good stewards of the marine environment," said Donald C. Winter, Secretary of the Navy. This decision enables the nation to achieve a balanced, responsible approach to meeting the Navy's dual obligation for maintaining a trained and effective force and environmental stewardship. The original injunction, handed down in August 2007 by a U.S. District Court in Los Angeles and later amended, was affirmed by the Ninth Circuit Court of Appeals in February. The Supreme Court granted the Government's Petition for Certiorari in June and heard the oral argument Oct. 8. The decision vacated two training
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Marine Technology Reporter 9
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