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THURSDAY, MAY 2, 2002

A federal judge on Wednesday ordered the Navy to halt military training exercises on an uninhabited Pacific island but the victory could be erased by Congress.

U.S. District Judge Emmet G. Sullivan rejected claims by the Pentagon that bombing of the 206-acre Farallon de Medinilla was vital for national security interests. Siding with environmentalists seeking protection of numerous bird species under federal law, he ordered a 30-day halt to the training.

"The United States asks this court to go beyond the scope of this court's discretion and allow it to continue violating these statutes with impunity," he wrote. "This Court has no authority to read . . . an exception for national security or military activities where none exists."

The ruling was taken as a win by the Center for Biological Diversity, which filed the lawsuit to force the Navy to comply with the Migratory Bird Treaty Act. The group says bombs, air-to-ground missiles, and other munitions are hurting more than a dozen species that live on the island.

"The Navy is not above the law," said Paul Achitoff, an attorney representing the center.

But the law is one of several from which the Department of Defense is seeking an exemption. Citing post-September 11 concerns, the Pentagon has asked Congress for a temporary respite.

A Republican-led House panel agreed and, after heavy debate yesterday, approved a $383 billion defense spending bill to exempt the Pentagon from the bird treaty; the Endangered Species Act; the Clean Air Act' the Marine Mammals Protection Act, which affects whales hunted by Alaska Natives and other statutes. A 57-1 vote by the Armed Services Committee cleared the package for the House floor.

"We are trying to take care of a very important endangered species, and that's the American fighting man or woman," said Rep. Duncan Hunter (R-Calif.).

Democrats tried to strip the bill of the environmental provisions. "There is a huge hole that has opened in the environmental laws of this country by this proposal," said Rep. James Maloney (D-Conn.).

With more than 25 million acres of land under Defense control, the exemptions will have a wide impact. Environmentalists behind the island case said the proposal was introduced in direct response to their lawsuit and would leave bird species "vulnerable to wholesale slaughter."

Similar concerns came upon Native Hawaiians seeking to protect sacred and cultural sites from Army training. They were prevailing but settled the case after September 11.

With regard to Farallon de Medinilla, Sullivan has ordered the parties to return to court next Friday to consider making the injunction permanent. He also ordered the Navy to request a permit from the U.S. Fish and Wildlife Service to kill protected birds.

Get the Decision:
Center for Biological Diversity v. Pirie (5/1)

Relevant Links:
Center for Biological Diversity - http://www.sw-center.org/swcbd
Farallon de Medinilla, GlobalSecurity.Org - http://www.globalsecurity.org/military/
facility/farallon-de-medinilla.htm

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