Winter v. Natural Resources Defense Council

Case Date: 07/10/2025

Winter v. Natural Resources Defense Council, 555 U.S. 7 (2008), was a case heard before the United States Supreme Court on October 8, 2008 concerning the United States Navy ability to use sonar during drills causing possible harm to whales and other marine mammals.[1] 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.”[2] Environmentalists contend that the sonar has a possible deafening effect on the whales. They said studies conducted around the world have shown the piercing underwater sounds cause whales to flee in panic or to dive too deeply. Whales have been found beached in Greece, the Canary Islands and in the Bahamas after sonar was used in the area, and necropsies showed signs of internal bleeding near the ears.[3]