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- U.S. District Judge Alan Kay has denied a Hawaii County
Green Party motion to reopen a 1998 case brought against the U.S. Navy
and other defendants challenging the testing of low-frequency sonar off
the Big Island.
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- Kay also issued a second order dismissing a new case
filed Feb. 29 by the same plaintiff and 10 others seeking to enjoin the
Navy from making the low-frequency sonar system a permanent program.
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- The Hawaii County Green Party in a preliminary response
to Kay's actions spoke of a possible appeal and voiced expectations the
9th Circuit Court of Appeals would reverse Kay's actions on appeal.
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- In dismissing the new case, the judge reasoned a new
case would be premature, in advance of any Navy action which could be construed
as permanent.
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- A new case could be filed at the time it was demonstrated
the Navy was taking irrevocable action, Kay said.
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- Kay did say it appears low-frequency sonar tests do affect
marine life, noting that researchers recommend the Navy should avoid active
whale breeding areas when testing.
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