Navy tells judge Bush had power to OK use of sonar off coast

LOS ANGELES -- President Bush was within his legal rights to exempt the Navy from environmental laws to allow sonar training off Southern California, military lawyers argued Wednesday in court.

The exemption was issued to allow the Navy to continue using sonar during anti-submarine warfare exercises that Bush deemed necessary for national security, Justice Department lawyer Luther Hajek told U.S. District Judge Florence-Marie Cooper.

"The president's action was a valid, legal act," Hajek said.

The exemption two weeks ago drew criticism from environmentalists who say the sonar harms whales and other marine mammals. The move came after Cooper issued a preliminary injunction requiring the Navy to create a 12-nautical-mile no-sonar zone along the coast.

As a result of the executive exemption, Cooper temporarily lifted some restrictions on the Navy's use of high-power sonar.

The Justice Department asked the judge Wednesday to vacate the injunction entirely or, barring that, keep the partial stay in place.

Richard Kendall, a lawyer for the Natural Resources Defense Council, which has been fighting the Navy's sonar training, said the president's override of the court was unconstitutional.

"The president clearly has done the forbidden thing," Kendall said.

Cooper did not immediately rule after the arguments.