Enjoing the Navy: now and then
A federal Judge yesterday severely limited the Navy's use of sonar on a training range of the Southern California coast. Balancing national security and the welfare of whales is not a new problem. Twenty years ago, in an effort to monitor global temperature change, it was proposed to locate huge hydrophones off lonely, fog-shrouded Herd Island in the Antarctic, perhaps the gloomiest place on Earth - which is why no one lives there. But whales love it. Sound pulses from Herd would be detected in Coos Bay, OR. Speed of sound is related to water temperature, giving an ocean-average temperature. It was cancelled to protect the whales.
LBE's last article on ezines concerned eBay, and discussed a case cited in eBay for authority which case happened to be for an injunction against the Navy; LBE wrote:
As is apparent from the text at the end of page 312, the injunction at issue in Weinberger was NOT a permanent injunction, but a temporary injunction wherein the ultimate resolution depended on another event [for example, "[The district court] refused, however, to enjoin Navy operations pending consideration of the permit application."] Issues of equitable balance for a temporary injunction, which are considered before the ultimate issues are resolved, are distinct from issues of balance for a permanent injunction, which are considered after the case has been decided on the merits. Thus, for example, the issue of "public interest" discussed at page 312 of Weinberger is the public interest BEFORE a final determination of the rights of the parties, NOT AFTER the final determination, as would be the case in a permanent injunction. [However, one notes that Orin H. Lewis referred to Weinberger as the "landmark permanent injunction case" in 72 Tex. L. Rev. 849; in such view, one considers that the district court disposed of the final issues before the district court, even though the ultimate disposition of the rights [of the Navy] would be in another forum.]
LBE's article made its way to a Turkish blog.