Helen, the only problem with people in the armed forces contacting brain damage from diving at the same time sonar blasts occur, is if the person is injured, they cannot sue the government. We saw what happened with Viet Nam vets suffering from debilitating diseases caused by Agent Orange and god know what else. The government refused taking responsibility after the war, and didn't admit there was a problem until years afterward when many of the vets had either killed themselves or died from the very ailments they were trying to hold the government accountable for.
Now, if you or me happen to be scuba diving at the very moment sonar blasts occur and are injured - then we have a suit. Course, by the time a brief filed and a federal judge consents to hearing the case... well you get the idea.
The only way we can sue the government for killing and destroying whales and dolphins is by granting rights to animals - something we've been attempting to do for many years.
EarthJustice and Defenders of Wildlife are organizations supported and originated by Attorney animal advocates. They have taken the Bush administration to court several times - won a few, lost a few. In the interum, the administration took steps to weaken provisions of The Endangered Species Act. Norton, in the meantime was taking charge
of our wildlands via the Bureau of Land Mangement <and the rest of the crooks at the Department of the Interior were helping to change the Endangered Species Act> The Navy, even though a federal judge halted the sonar blasts, resumed blasting after the study period expired, even though it was proven <as you well know> sonar blasts were killing marine mammals. The good science was rejected in favor of Naval superiority (?) with other nations following the U.S's lead. Even though their are 'districts' where sonar can be used, marine mammals can't read
'don't swim here' signs.
Revisions of the Endangered Species Act
http://forests.org/articles/reader.asp?linkid=33784
We'd need a revised Dredd Scott decision for animals enslaved in factory farms - however, two states have already banned the use of gestation crates, and some companies are refusing to purchase 'product' from suppliers that do not treat farm animals humanely. Venemen was forced to review the use of downed animals for human consumption after the mad cow scare, only because the beef industry was suffering profit losses. Go figure.