In its decision on Nov. 12 in Winter v. Natural Resources Defense Council, the U.S. Supreme Court overturned a lower court ruling that had enjoined the Navy from using sonar during certain training exercises. The Navy had argued that the use of sonar was critical to national security and that the injunction restricting the training exercises had essentially created an emergency — a situation that threatened harm to the public interest.
The U.S. Supreme Court held that the Navy’s need to conduct training exercises outweighed the potential environmental threat, specifically to marine mammals. The Court addressed only obliquely the question of whether, under the relevant federal regulations, the injunction created an emergency. That question touches on a deeper issue — namely, the scope and extent of the president’s power in times of emergency.
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