Monday, June 23, 2008

Do whales have standing? Ask the Supremes...

One of the very 1st posts ever to appeared at IntLawGrrls was entitled "Whales Against War?" It concerned a 2007 decision in which, by a vote of 8 to 1, the California Coastal Commission ruled "that the U.S. Navy could not go forward with sonar-testing in the Pacific unless it took certain measures to cut the sonar's harm to whales and other living, swimming creatures."
The dispute has bubbled up through the litigation system in the intervening months, and today, the U.S. Supreme Court agreed to hear argument on it during the Term set to begin in October 2008.
In Winter (Navy Secretary), et al., v. Natural Resources Defense Council, et al. (No. (07-1239), the Court will review the 2008 judgment in which the U.S. Court of Appeals for the Ninth Circuit unanimously affirmed the trial court's issuance of a preliminary injunction barring such testing.

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