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FOR IMMEDIATE RELEASE JUDGE HALTS NAVY WORK ON LANDING FIELD Federal court issues injunction on plan that imperils pilots, migratory birds, communities RALEIGH, NC, April 20, 2004 --/WORLD-WIRE/-- U.S. District Court Judge Terrence Boyle today ordered the U.S. Navy to stop work on a planned jet landing field in eastern North Carolina. The injunction issued by the court supports arguments made against the Navy by The Southern Environmental Law Center (SELC), representing the National Audubon Society, Defenders of Wildlife and the North Carolina Wildlife Federation, as well as those made by lawyers for Washington and Beaufort counties. In a suit filed in early January, the groups contend the government's environmental impact studies for the landing field downplayed the substantial risk of collisions between jets and the large flocks of tundra swans, snow geese and other birds that winter in the area. The government also minimized adverse impacts to the national wildlife refuge, according to the groups. Judge Boyle heard arguments from both sides on the injunction request on March 30. In comments accompanying his decision, Judge Boyle said that "the Navy's decision to locate the OLF at [the Washington County site] may have been a clear error of judgment." The court also pointed out that the Navy's planned land acquisitions will immediately "result in irreparable harm," including "harm to the numerous tundra swans and snow geese that spend the winter months at the lakes and refuges close to the proposed OLF." "This is a major victory for all those who have tried so long to get the Navy to listen to reason and choose a safer, less damaging location for jet training," said Audubon North Carolina Executive Director Chris Canfield. "I hope the Navy will see this stay as a good time to work with state leaders in coming up with an alternative plan." "An injunction is a first, very important step in carrying forward our case," said Michelle Nowlin, SELC attorney for the conservation groups. "We know the Navy's work fails to meet federal requirements and believe the court will ultimately send them back to the drawing board. At least now the citizens of the area have some breathing room while we finish proving our claims." "We are glad the court has chosen to bring the Navy to their senses, even if temporarily," said National Audubon Society Chief Operating Officer Bob Perciasepe. "Vital natural treasures are threatened by a wrong-headed scheme that would cause serious damages to a globally recognized Important Bird Area." Citing extensive evidence from wildlife experts, including the scientist who led part of the Navy's own study, the lawsuit brought by conservation groups characterizes as "reckless" the plan for a new F/A 18 E/F Super Hornet jet training field within five miles of the Pocosin Lakes National Wildlife Refuge in eastern North Carolina. The refuge is winter home to some 100,000 large swans, snow geese and other waterfowl, known to represent a severe risk to low-flying aircraft and their pilots. The $186.5 million facility would be located on 30,000 acres the Navy plans to acquire in Washington and Beaufort counties. In response to Judge Boyle's request at a March 30 hearing that he be given time to formulate his decision and that the "status quo" be maintained, attorneys representing the Navy sent a letter to the court April 2 saying that the Navy would slowdown or cease most activities relating to the landing field for 60 days. However, the letter stated that "The Navy does intend to continue negotiations for voluntary purchases with landowners to whom they made offers prior to March 30, 2004, and to complete voluntary sales with any landowners who are interested in selling." Within weeks of that letter, the Navy closed on more than 1,100 acres of land, spending $3.7 million. "It is clear they have had no intention of slowing down for anyone, including a federal judge," Canfield said. "They have no one to blame but themselves for this injunction." In addition to the project's impacts to birds and to pilots, the lawsuit says the Navy also failed to consider the cumulative environmental impacts of the project and another plan by the Department of the Navy, announced in December, to designate 900 square miles of airspace over eastern North Carolina for jet combat training. These proposed Military Operations Areas (MOAs) overlie four national wildlife refuges - Pocosin Lakes, Lake Mattamuskeet, Swanquarter and Alligator River - the Swanquarter Wilderness Area, and the Cape Lookout National Seashore. 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. Visit the Audubon Society website: http://www.audubon.org CONTACT: Chris Canfield Audubon North Carolina 919-929-3899 ccanfield@audubon.org or Kristy A. Wright, Media Representative, National Audubon Society 212.979.3027 |
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