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COURT OF APPEALS RULES AGAINST NAVY LANDING FIELD
IN EASTERN NORTH CAROLINA
Navy Did Not Conduct "Hard Look" Required By Law
Chapel Hill, North Carolina, September 7, 2005—A three-judge panel has ruled that a U.S. Navy decision to place a jet landing field in eastern North Carolina was based on an incomplete and flawed environmental review process. The federal Fourth Circuit Court of Appeals in Richmond, Virginia, issued its opinion today in National Audubon Society v. Navy, affirming a lower court ruling that stopped the Navy's development of its training field in eastern North Carolina.
The National Audubon Society filed suit against the Navy in January 2004 to challenge the plans that threatened Pocosin Lakes National Wildlife Refuge, a globally significant wintering spot for more than 100,000 swans, geese, and other large waterfowl. After a February ruling by the District Court in Raleigh, NC, against the plan, the Navy appealed to the 4th Circuit Court of Appeals.
The training field for new Super Hornet F/A 18 E/F fighter jets was to have been located just miles from the refuge. The Outlying Landing Field (OLF) was intended to support more than 31,000 landing and take-off flights per year of squadrons stationed at Oceana Naval Air Station in Virginia and Cherry Point Marine Corps Station in North Carolina. Recent decisions of the Base Realignment and Closure (BRAC) Commission call into question if and for how long Super Hornets might be stationed at either base.
Leading aviation safety experts, including one who had led the Navy's internal analysis, came forward to protest the plan, saying the bird populations presented a severe risk of fatal collisions with low-flying jets and were unmanageable. Audubon believes that Navy attempts to make the area safer for jets would significantly damage the refuge.
Lawyers from the Southern Environmental Law Center represented Audubon in the case that was joined by Defenders of Wildlife, and the North Carolina Wildlife Federation. The affected counties in North Carolina also filed their own suit to stop the field.
Together, the plaintiffs contended that the military's analysis of environmental impacts to birds of the region, safety risks to pilots, and cumulative effects of the field in connection with other current and planned military uses of the region was woefully inadequate. The Court of Appeals agreed.
"These shortcomings cast doubt upon whether the Navy has fully comprehended the impacts of its actions in isolation, let alone in combination with others," the ruling states. "The Navy's conclusion that impacts to snow geese and tundra swans would be 'minor' is simply difficult to reconcile."
While affirming the requirement by the lower court that the Navy redo its environmental analysis, the Appeals Court did require the District Court to modify its injunction so that the Navy might proceed with some aspects of its planning, including continued purchases of land from "willing sellers."
"The Court of Appeals decision makes clear that the Navy didn't do its homework on the landing field," said Chris Canfield, executive director of Audubon North Carolina. "We are pleased by the general ruling, but certainly concerned that modifying the injunction might permit the Navy to waste even more tax dollars. The site is unacceptably dangerous due to the birds and potentially unnecessary due to base closures."
Prior to today's decision, the Navy had bought or condemned some 2,600 acres of land, at a price of $6.4 million. Plans for the $186 million project include acquiring 30,000 acres or close to 50 square miles of farms, many of which have been operated by the same families for a century or more.
"Audubon applauds the court's decision to safeguard not only a great natural treasure and community but also the safety of our pilots," said Bob Perciasepe, Chief Operating Officer for Audubon. "We expect the Navy to follow carefully the court's directives as it examines new potential sites."
"The attorneys at the Southern Environmental Law Center and those at Kennedy Covington representing the counties have done superb work," stated Audubon North Carolina's Chris Canfield. "They helped uncover the truth about a dangerously flawed process and brought it to public light and justice while facing a daunting adversary."
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Audubon is dedicated to protecting birds and other wildlife and the habitat that supports them. Our national network of community-based nature centers and chapters, scientific and educational programs, and advocacy on behalf of areas sustaining important bird populations, engage millions of people of all ages and backgrounds in positive conservation experiences.
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