| Winter v. Natural Resources Defense Council | |
|---|---|
 | |
| Argued October 8, 2008 Decided November 12, 2008 | |
| Full case name | Donald C. Winter, Secretary of the Navy, et al., Petitioners v. Natural Resources Defense Council, Inc., et al. |
| Docket no. | 07-1239 |
| Citations | 555 U.S. 7 (more) 129 S. Ct. 365; 172 L. Ed. 2d 249; 2008 U.S. LEXIS 8343 |
| Case history | |
| Prior | Nat. Res. Def. Council, Inc. v. Winter, 530 F. Supp. 2d 1110 (C.D. Cal. 2008); affirmed, 518 F.3d 658 (9th Cir. 2008); cert. granted, 554 U.S. 916 (2008). |
| Holding | |
| Military preparedness outweighs environmental concerns, as Navy needs to train its crews to detect modern, silent submarines, and it cannot be forced to turn off its sonar when whales are spotted nearby. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Roberts, joined by Scalia, Kennedy, Thomas, Alito |
| Concur/dissent | Breyer, joined by Stevens (Part I) |
| Dissent | Ginsburg, joined by Souter |
Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008), was a decision by the United States Supreme Court concerning whether federal law restricted the United States Navy's ability to use sonar during drills given the possibility of a harmful effect on marine mammals such as whales.[1][2]
In balancing military preparedness against environmental concerns, the majority came down solidly on the side of national security. Chief Justice Roberts wrote in his opinion, "the most serious possible injury would be harm to an unknown number of marine mammals that they study and observe". By contrast, he continued, "forcing the Navy to deploy an inadequately trained antisubmarine force jeopardizes the safety of the fleet".[3]
- ^ Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008).
This article incorporates public domain material from this U.S government document.
- ^ Markon, Jerry; Eilperin, Juliet (October 8, 2008). "NOAA, Court Focus On Marine Mammals: Ship Speed Limited; Sonar Use Debated". Washington Post.
- ^ Liptak, Adam (November 12, 2008). "Supreme Court Rules for Navy in Sonar Case". New York Times.
