it's called "validation," folks.

Judge Ezra’s ruling today on the Navy’s use of high-intensity mid-frequency sonar is a basic affirmation of what advocates from environmental and native Hawaiian communities have been saying for years: the Navy has NOT met its obligations to protect the unique natural and cultural resources upon which the people of Hawai’i depend.

Marine mammals–including kohala, or Pacific humpback whales–are extremely important to Hawaii’s unique cultural and natural heritage. The Navy has not, thus far, taken adequate measures to protect them, as the law requires–thus disrespecting and potentially destroying a part of what we all love about Hawaii nei. We can only hope Judge Ezra’s preliminary injunction will serve as a desperately-needed wake up call to the Navy about their impact on our marine resources.

Judge Ezra’s findings affirm that the Navy sonar practices contradict the best available science about what level of ocean noise is harmful to marine mammals and failed to analyze reasonable alternatives. The Navy also, according to the decision, failed to notify and involve the public as required by law. Judge Ezra’s preliminary injunction says that the Navy can and must do more to ensure its actions do not harm Hawaii’s unique marine resources, and must do a better job of incorporating and addressing public concern through the environmental impact statement process.

This is hopeful news, as the review process for the Hawaii Range Complex expansion is moving forward. The expansion proposal will, among other things, expand the current training range to include the Northwestern Hawaiian Islands. It remains to be seen whether the Navy will heed the Court’s ruling on this use of harmful sonar, as it undergoes the same review process this range expansion proposal.

(top picture from www.earthtrust.org, bottom photo from Hannah Bernard via the PHWS website)