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| No. 30 | 
Apr 22, 2004, 11:11 AM
Originally Posted by Alnamvet Just a temporary fly in the ointment, this injunction...Super Hornets are here, and they are coming to NC no matter what...go Navy!
We will see about that  :chuckle
PS. My son is at West Point... Go ARMY!!!!
 | | No. 31 |
Apr 22, 2004, 03:41 PM
 Senatorial Hopeful Erskine Bowles Takes a Stand http://wdnweb.com/articles/2004/04/22/news/news01.txt Bowles rouses OLF spirit in Plymouth
By BILL SANDIFER Staff Writer
PLYMOUTH -- Democratic Senate hopeful Erskine Bowles has become something of a familiar face in Eastern North Carolina, taking arguably one of the earliest positions in opposition to Navy plans to locate an outlying landing field in Washington County.
Bowles, who is squaring off against Republican U.S. Rep. Richard Burr, received cheers and applause as he arrived in downtown Plymouth Wednesday afternoon.
And Bowles didn't hesitate to trade on what supporters call his "unwavering" OLF opposition, taking the opportunity to criticize Burr for not taking a stand on the Navy project.
"I came here two and a half years ago and said as clear as I knew how, 'No OLF,' and I mean it," said Bowles to enthusiastic applause. "It is just plain wrong. When I'm elected, I'm going to hold hearings (on the OLF)."
Bowles told the crowd he had just sent a letter to Navy officials, telling them that people in influential positions oppose the OLF because of its potential to become an "economic disaster" and a "quality-of-life disaster."
"It's going to ruin the quality of life here," expanded Bowles. "This is a way of life we've had in Eastern North Carolina for years and years and years."
Bowles underscored a message that local officials and grassroots organizers have fought hard to get before the public at large: "Eastern North Carolinians have to depend on the environment (in ways that) city dwellers don't understand," he said.
That economic sea change occurred following the loss of Eastern North Carolina's industrial base, most often blamed on NAFTA, another issue Bowles promised to address if elected.
"I have learned how to get things done," he said, referring to his contribution to a balanced budget as President Bill Clinton's chief of staff. "Nobody in the world believed it could be done."
Bowles recalled being "locked up in hearings with (U.S. Sen.) Trent Lott and (former Speaker of the House) Newt Gingrich," using shuttle diplomacy between parties to strike a deal.
"Y'all owe me a lot for that," he said, drawing laughs from the crowd.
Bowles' partisan swipe at Lott and Gingrich, however, was balanced with humorous criticism of the Democrats, whose leaders, he said, were spending tax dollars too fast to consider the possibility of a balanced budget.
He indicated his financial savvy in formulating job plans is what Eastern North Carolina needs.
"I carried all these counties two years ago, but by a razor-thin margin," added Bowles. "I need your help. I will promise to be your champion in the U.S. Senate."
Several supporters stepped forward and offered their thanks in glowing terms.
"We're gonna show him that gratitude come November," said Roper Mayor Bunny Sanders, who took Burr to task for his OLF position.
"'I am not going to try to tell the Navy what to do,'" said Sanders, quoting a news report on Burr's statement. "How is he going to serve us? The OLF is the most important issue (in recent memory). We cannot afford Richard Burr. We cannot afford someone who will not put us in his agenda. ... I can tell you today, we intend to punish Richard Burr in November."
OLF opponents have begun incorporating voter registration in their push, according to Doris Morris, communications director for North Carolinians Opposed to the OLF.
"I don't care how many votes it costs me in other parts of the state," said Bowles. "This is just plain wrong."
Farmers related fears about what could be the final economic blow to the region.
"We are faced with the possibility that we could have lost land here," said Fred Howell, a Washington County farmer, who explained that that land, following NAFTA-related job losses, was what farmers felt they "could bank on. It seems like that's in jeopardy at this point."
Plymouth Mayor Brian Roth pointed to the town's new lighthouse as a symbol for economic revival and a different business tack.
"We may be a Tier 1 community," he said, referring to state Commerce Department economic health rankings, "but we are not down and out."
Roth touted travel and tourism, the region's cultural heritage and ecotourism as the underpinnings of the area's new economy.
And that, observers have said, is what needs to cultivated and sustained by public officials.
"I have to get elected first," noted Bowles.
"We're gonna give you your chance," said Janine Saunders, a Washington County farmer.
| | No. 32 |
Apr 22, 2004, 04:11 PM
Originally Posted by VickyRN We will see about that :chuckle
PS. My son is at West Point... Go ARMY!!!!
I say your son is an outstanding individual...in deference to his wise choice, I say add an additional Army training facility for Apache/Cobra pilots....nothing like a macho debate between Navy/Marine Corps go fast boys and teenage from high school to flight school Warrant Officer rotor heads....I just love the smell of Avgas lingering over a NC pasture after the teen attack jocks lay waste to ring knocking dilitantes.  | | No. 33 |
May 28, 2004, 03:20 PM
You can click to read the letter to President Bush http://www.farmaid.org/site/News2?pa...ews_iv_ctrl=-1
Farm Aid's Willie Nelson Urges President Bush to Stop the Navy from Taking Land from NC Family Farmers
Friday March 26, 2004
Says Alternatives to Navy Plan Better for Family Farmers, the Environment and Less Risky for Navy Pilots
Farm Aid President Willie Nelson called on President Bush to intervene in the land dispute between family farmers and the Navy over the Navy's decision to build an Outlying Landing Field (OLF) on prime farmland in northeastern North Carolina. The Navy's decision to build the OLF in Washington County would displace over 100 family farmers and rural residents.
In a letter sent this week to the President, Mr. Nelson also raised concerns over the damage the OLF would do to the Pocosin Lakes National Wildlife Refuge, the winter home to more than 100,000 Tundra Swans and Snow Geese. In addition, Mr. Nelson said that building the OLF so close to the refuge would place Navy pilots, whose planes would fly within one-fifth of a mile from the refuge, at unnecessary risk of colliding with migrating birds.
In the letter to President Bush, Nelson states, "At a time when America is losing 15,000-20,000 family farmers and many rural communities every year, I cannot agree with the Navy's misguided plan. The loss of every single American farm family erodes our nation's capacity to be food self-sufficient a national security priority of utmost importance... Mr. President, family farmers are America's livelihood and heritage; and they are central to our future. Keeping families on their land and conserving our land's productivity is absolutely critical to America's strength and resilience. Displacing family farmers and destroying farmland in the name of national defense only makes America weaker and more vulnerable."
Nelson concludes the letter with an appeal to the President to intervene, asking him to direct the U.S. Navy to work with state and local authorities to identify a site that is mutually acceptable and beneficial to all North Carolinians, "one that does not displace family farmers, threaten the environment, or place our Navy pilots at unnecessary risk."
Contact: Mark Smith: 617-967-4578 or Ted Quaday: 781-608-3408
| | No. 34 |
Aug 17, 2004, 04:26 AM
Updated
Aug 17, 2004 at 04:34 AM by VickyRN
Good News!!!
Chief US District Court Judge Terrence Boyle has reaffirmed the preliminary injunction against the Navy. The Navy is constrained from any negotion for land acquisition, site preparation and construction. This is a major victory for the people in this area.
I'll post the article later, when I have the time.  | | No. 35 |
Aug 18, 2004, 01:58 AM
More on this story: http://www.wdnweb.com/articles/2004/...ews/news02.txt
OLF remains on hold
By RACHEL BROWN HACKNEY Executive Editor
In an order issued Friday, Chief U.S. District Court Judge Terrence Boyle of Edenton reaffirmed the preliminary injunction he granted on April 20, which stopped the Navy in its efforts to build an outlying landing field in Washington County at the Beaufort County border.
"Although the Navy may disagree with or dislike the Court's ruling, despite its voluminous filings, the Navy has presented nothing that compels the Court to vacate or amend the April 20th Order," Boyle wrote.
By reaffirming the preliminary injunction in its entirety, Boyle's ruling points out, the Navy is constrained from any negotiation for land acquisition, site preparation and construction.
However, Christopher C. Lam, one of the attorneys for Kennedy Covington, the Charlotte firm representing Washington County and Beaufort County in the lawsuit against the Navy, pointed out that the judge's order "for lack of a better word" had "activated" the appeal of the preliminary injunction the Navy had filed with the Fourth U.S. Circuit Court of Appeals in Richmond, Va. That appeal was on hold pending the judge's consideration of the Navy's motion to set aside the injunction.
"We cannot speculate on their timeline," Lam said regarding when the Fourth Circuit might rule on the case.
In early May, the Navy had filed a motion asking the judge to set aside the preliminary injunction, which the judge granted to the plaintiffs in twin lawsuits filed in January to stop the OLF from being sited adjacent to the Pocosin Lakes National Wildlife Refuge in Washington County. Along with the two counties, plaintiffs are the National Audubon Society, the North Carolina Wildlife Federation and Defenders of Wildlife.
The motion, as Boyles order noted, argued that the court's injunction "was a clear error of law and should be vacated in its entirety."
In the order issued Friday, Boyle wrote, "... Prior to issuing its Preliminary Injunction Order, the Court had before it a full and complete record and hundreds of pages of written argument contained in multiple briefs. It heard six hours-worth of oral argument and was presented with additional case citations and materials at the March 30th hearing. Both parties had ample opportunity to argue their case to the Court, and, indeed, both parties took full advantage of this opportunity."
The judge noted in his order that the Fourth Circuit had recognized three grounds for amending an earlier judgment: to accommodate an intervening change in the controlling law, to account for new evidence not available at trial or "to correct a clear error of law or prevent manifest injustice."
Rule 59(e) of the Federal Rules of Civil Procedure, Boyle pointed out, which the Navy cited in its motion, "may not be used to relitigate old matters, or to raise arguments or present evidence that could have been raised prior to the entry of judgment." Additionally, it may not be used by a party "'to complete presenting his case after the court has ruled against him.
"'... Simply put, Rule 59(e) does not provide a party with a mechanism to just keep filing motions with new theories until it gets it right,'" the order reads.
"In this case," Boyle wrote, "there has been no intervening change of controlling law." Further, "neither the Navy's Motion, nor the Navy's argument at the hearing on the Motion, presented new evidence or new arguments that would justify amending the Court's previous order, nor has the Navy established that the Court's previous Order could be considered a clear error of law."
"I'm doing somersaults right now because of what the judge did," Washington County Commissioner Billy Corey told the Daily News when contacted by phone Monday afternoon.
County Manager Chris Coudriet, Corey said, had contacted the commissioners about the ruling this morning.
"I just think it's great news," Corey continued.
"Thank God that justice is on our side," he added. "I'm satisfied that we will prevail. ... Everything that's been presented so far (by the plaintiffs) has been facts. ... Everything the Navy has done so far has been made up."
In a democracy, Corey said, "Facts are supposed to prevail."
Derb Carter, attorney for the Southern Environmental Law Center, which filed the lawsuit on behalf of the three environmental groups, told the Daily News in a telephone interview, "We didn't think the Navy had provided anything new, either facts or law" that would necessitate Boyle's rethinking the preliminary injunction.
"The court appeared to reach the same conclusion," Carter added.
"(There was) just no reason to reconsider this."
Carter continued, "We, of course, are very pleased that the court agreed."
The environmental studies already undertaken by the Navy were "faulty and should be redone," Carter said.
"We remain hopeful," he added, "that the Navy ... will reconsider its decision to construct the OLF at this site."
He also pointed out that Judge Boyle has not been persuaded by the Navy's attempt to claim it needs the OLF for national security purposes. "The court rejected that entirely."
The Navy, Carter said, supplied no materials that showed the preliminary injunction would have an adverse effect on national security. In its own documentation, he pointed out, the Navy previously stated that it had facilities it could use in Virginia. "It would just prefer another OLF site."
The final environmental impact statement released by the Navy in July 2003 said that if a majority of the F/A-18 Super Hornets slated to use the OLF were based at Oceana Naval Air Station in Virginia, it would not be necessary to build an OLF. The record of decision issued on Sept. 10, 2003 by acting Navy Secretary Hansford T. Johnson called for eight of the 10 new Super Hornet squadrons to go to Oceana.
The judge wrote in his Aug. 13 order that "the evidence presented at the June 30 hearing about the Navy's training needs and its 'surge' operations, though more detailed, is simply cumulative and not new."
He added in a footnote that, while he was "mindful of the importance of maintaining national security and the Navy's integral role in protecting the nation, ... despite much intimation, the Navy has presented no evidence that the preliminary injunction threatens the nation's preparedness nor ability to protect itself."
Contacted by the Daily News Monday afternoon for comment, Ted Brown, a spokesman with U.S. Fleet Forces Command in Norfolk, Va., sent the following e-mail:
"The Navy is disappointed in the decision that prohibits the Navy from conducting any activity related to the construction of an outlying landing field in Washington and Beaufort Counties, North Carolina. Every day we are prohibited from moving forward on this project is detrimental to Navy. We continue to stand by the meticulous and exhaustive research that went into the preparation of the Final Environmental Impact Statement, and the resulting Record of Decision, and maintain that the Washington County OLF site best meets the needs of the Navy and the nation it serves. The Navy will continue to pursue our case and we expect a favorable resolution."
Reached by the Daily News at his office Monday afternoon, Beaufort County Commissioner Hood Richardson was not surprised by Boyle's ruling. After attending the June 30 hearing on the Navy's motion, he said, he felt Boyle would rule for the plaintiffs.
After the arguments, Richardson said, Boyle "just sort of left everybody standing there" and asked, 'When are we going to try the case?'"
At that point, Richardson said he thought to himself that the Navy had its answer on the motion.
"I think it's marvelous that (Boyle) reaffirmed (the preliminary injunction)," Richardson added.
Joe Albea, speaking for the N.C. Natural Resource Group, which has fought the OLF over environmental concerns, said in a telephone interview Monday that "Two times, the court has spoken; two times, they've told the Navy, 'No.'"
He added, "It's time to stop (the OLF.)"
Jennifer Alligood, head of North Carolinians Opposed to the OLF, told the Daily News, "Our prayers have been answered once again. The Navy needs to find a more appropriate location."
Lam added, "We think the decisions have been in North Carolina's favor, and (in the favor of) the citizens of Washington and Beaufort counties and certainly hope they will continue to prevail."
| | No. 36 |
Sep 27, 2004, 08:00 PM
Alert -- North Carolina next Vieques?
North-Carolinians Opposed - to - the- Outlying Landing Field
Alert -- North Carolina next Vieques?
Frances T. Armstrong Bath, NC
As you know I am against the Navy’s proposed outlying landing field (OLF) at the Washington County site. I could not understand why the Navy was so insensitive and arrogant to the citizens of Washington and Beaufort counties. Now I know why. The Navy wants eastern North Carolina to be the replacement for Vieques.
Vieques is an island off of Puerto Rico. In 1940 the Navy took over most of the island and the surrounding water for a training facility. This facility was used for over sixty years. The people there protested for years. Finally the U.S. government closed this training facility in 2003. What was left was a contaminated, polluted island and a contaminated, polluted surrounding ocean with unexploded ordnances. High levels of toxins exist in the Vieques environment and severe health problems exist among the local population.
“For sixty-two years, the Navy pummeled the island with millions of pounds of bombs, missiles, depleted-uranium bullets, napalm and Agent Orange. But the toxic threat to Viequenses didn't end when the Navy stopped bombing. Some Navy bombs never exploded when fired, dropping instead into the shallow ocean water and remaining there, lying on the coral reef or resting on the ocean floor. These live bombs leak contaminants and pose an explosive threat to fishers and divers.”
“The cancer rate for Viequenses is 27 percent higher than it is for mainland Puerto Ricans; elevated rates of heart disease, asthma and diabetes plague the island's population (who number around 9,300) as well. Though links are difficult to prove, many health researchers in Puerto Rico and the United States argue that a correlation exists between contamination from the bombing and the high incidence of disease among Viequenses.”
(Vieques Aftermath by Kate M. Levin, December 22, 2003, The Nation)
In a January 2003 letter, Navy Secretary Gordon England wrote, “I hereby certify that one or more alternate training facilities exist that, individually or collectively, provide an equivalent or superior level of training for units of the Navy and Marine Corps stationed or deployed in the eastern United States. The Department of the Navy will provide the resources and will address the environmental issues such that alternative facilities are available and fully capable of supporting such Navy and Marine Corps training immediately upon cessation of training on Vieques.”
The Navy wants more. The Navy wants one area to replace Vieques. The Navy wants all of the training activities to be in one area close to Norfolk, Virginia. The place the Navy wants is eastern North Carolina. In fact the Navy considered the distance from Norfolk to Vieques, Puerto Rico as an inconvenience. Eastern North Carolina now has many military bombing ranges, Military Restricted Areas, and Military Operations Areas (MOAs). The Navy wants to add an OLF, more MOAs, more Restricted Areas, expansions to the bombing ranges for high-explosive, live-ordnance training, and a sonar testing site in the ocean southeast of Camp Lejeune. The Navy wants to continue to base the Atlantic Fleet in the Norfolk area and use eastern North Carolina for the Atlantic Fleet’s training exercises. Virginia will get the revenue, North Carolina will get the danger, bombs, missiles, pollution, noise, and an unbearable existence for people and wildlife. North Carolina is a military friendly state. Is the Navy friendly to North Carolina?
North Carolina is known for its beautiful landscape from the mountains to the sea. The Navy wants to take over the eastern part of the state. This includes the Albemarle/Pamlico peninsula and the “Outer Banks” and “Inner Banks” to Wilmington, NC. Who will want to visit this area with jet combat training and jet touch-and-go practice carrier landings in the airspace and targets on land and sea being bombed from aircraft and ships at sea?
Wake up. The Navy has facilities for their training, the Navy does not need to take eastern North Carolina.
The Navy’s attitude is What the Navy Wants the Navy Gets. We live in the United States. We have rights. We need to exercise our rights. Contact your neighbors, friends and acquaintances everywhere. Contact the media. The world needs to be aware of what the U.S. Navy wants to do to eastern North Carolina in the United States of America.
Citizens have a right to know the truth concerning the future of North Carolina. There isn't any accountability for the decisions that will result in one third of the State of North Carolina becoming the future Vieques, Puerto Rico.
Contact your elected officials and candidates running for office. Our elected officials current and future need to stand up for our rights.
Please Call, Fax, Email
President George W. Bush
Fax: 202-456-2461
202-456-1111 president@whitehouse.gov
Senator John Edwards ( D - NC)
Fax: 202-228-1379
202-224-3154
Staff: Alice Garland 919-856-4245 alice_garland@edwards.senate.gov
Senator Elizabeth Dole ( R - NC )
Fax: 202-224-1100
Staff: Mark Stephens, Lynda Blount 919-832-6344 mstephens@elizabethdole.org lblount@elizabethdole.org
Fax: 704-633-2937
Staff: Margaret Kluttz 704-633-5011 margaret_kluttz@dole.senate.gov
United States Senate http://www.senate.gov/
United States House of Representatives http://www.house.gov/
Governor Michael F. Easley (NC)
Fax: 919-733-2120 or 919-715-3175
1-800-662-7952 or 919-733-4240 or 919-733-5811
Staff: Lisa Nolen 919-733-5201 lisa.nolen@ncmail.net
Website Email: http://www.governor.state.nc.us/Contact.asp
North Carolina State Legislators http://www.ncga.state.nc.us/Senate/Senate.html http://www.ncga.state.nc.us/House/House.html
Contact officials and media boxes at lower left http://www.albemarlecommunity.net/SiteIndex.html
Ask them who is responsible for this decision? What and where is the over all plan? Tell them the people of North Carolina have a right to know.
If your contact is holding a North Carolina State office ask them, if this future plan is the reason for our State Legislators not amending the 1907 Statute 104-7? Ask them if they realize because this law was not amended, the people of North Carolina are denied their due process protection of property rights guaranteed by the U.S. Constitution.
When speaking to a candidate/staff tell them we need strong leadership to stand up for the future of the United States of America.
1. Contact candidates running for office
2. Contact elected officials
3. Contact any news agency or former contacts.
Links for additional information
Vieques out, N.C. in? http://www.wdnweb.com/articles/2004/...ews/news01.txt
Vieques http://www.viequeslibre.org/
Alternatives to Vieques http://www.armytimes.com/content/edi...avyvieques.pdf
The Navy's Range Sustainment Program - Winter 2004 http://www.enviro-navair.navy.mil/cu...ustainment.pdf
Military Test and Training Range http://www.house.gov/hasc/openingsta...22angello.html
Future Naval Training Environment http://www.cna.org/documents/D0006280.A4.pdf
Vieques Health Study Update http://www.vieques-island.com/board/navy/study.html
Navy Certification on the Discontinuation of Training at Vieques http://www.viequeslibre.addr.com/art...at_Vieques.htm
Vieques: Is It Needed by the Navy? http://www.viequeslibre.addr.com/pdf/Vieqmilbrief.pdf
U.S. Environmental Protection Agency – Vieques Island http://www.epa.gov/region02/vieques/sectors.htm
U.S. Environmental Protection Agency – Superfund http://www.epa.gov/superfund/
Vieques Aftermath http://www.thenation.com/doc.mhtml%3Fi=20040105&s=levin
Bombs Away, Vieques Unearth Toxic Navy Trash http://www.ipsnews.net/interna.asp?idnews=21751
US Navy Used Depleted Uranium in Vieques http://www.converge.org.nz/lac/articles/news990610a.htm
Whales' Plight Revives Sonar Theory http://www.washingtonpost.com/wp-dyn...2004Jul10.html
Some Fear Impact of Navy Plans on Sea Life http://www.starnewsonline.com/apps/p...NEWS/408010355
Thank you. Please consult http://www.albemarlecommunity.net/SiteIndex.html
The Albemarle Community Network
P.O. Box 701
Edenton NC 27932-0701
For up to date information on the OLF issue: http://AlbemarleCommunity.Net
Please bookmark the page.
The Albemarle Community Network
P.O. Box 701
Edenton NC 27932-0701
| | No. 37 |
Feb 19, 2005, 05:47 AM
 Major Victory!!!!
Judge to Navy: No OLF
By BILL SANDIFER Staff Writer
RALEIGH -- The Navy, on Friday, found itself locked out of Washington County -- for the second time -- in its bid to build an outlying landing field. The action follows a ruling against the Navy by Federal Judge Terrence Boyle.
Boyle, a judge in the U.S. District Court for the Eastern District of North Carolina, granted a motion for summary judgment argued for by a law team representing Beaufort and Washington counties and a coalition of conservation organizations. The ruling short-circuits a civil trial and ends the legal involvement of the Eastern District. The next stop for the case, should the Navy appeal, is the 4th Circuit Court of Appeals in Richmond, Va.
In his ruling, Boyle cited, point-by-point, plaintiffs' arguments presented in briefs and before the bench, finding the Navy had failed the "hard look" requirement imposed by the federal National Environmental Policy Act.
Opposing attorneys had maintained the Navy had not done its homework throughout the OLF site-selection process, arguing the selection of Washington County was "preordained," a decision resulting not from science but from politics.
Kennedy Covington team attorney Kiran Mehta argued much of the case before Boyle.
"He clearly thought about this very hard," said Mehta. "I think he correctly analyzed the facts, the undisputed facts, and the law that applied to those facts and came to the proper conclusion; and we are very gratified."
"We're very happy and extremely pleased with the decision," said Derb Carter, Southern Environmental Law Center senior attorney. "We obviously think it's a well-written opinion which will be helpful should the Navy decide to appeal."
"I think this is a significant victory for the people of Eastern North Carolina," said Michelle Nowlin, SELC attorney, "for the environment and, ultimately, for our legal system."
Congressman G.K. Butterfield, who represents the state's First Congressional District which includes the proposed OLF site, issued a statement Friday evening.
"The ruling reinforces what the people of Washington and Beaufort counties have been saying from the start -- that the process was flawed, incomplete and subjective. My hope is that the Navy will now take another look at this site in a transparent and objective manner," the statement said. "Given what we now know about the process and the environmental concerns, I will renew my request of the Navy to consider alternative sites. I will ask the members of North Carolina's Congressional delegation to join me in this request."
"In the final analysis," noted Mehta, "this decision belongs to the citizens of Washington and Beaufort counties who have fought very hard to get to this result. ... This is one for the citizens."
David and Goliath
"The court has spoken," said Roper Mayor Bunny Sanders. "David won this battle."
But the war still rages.
The Navy, late Friday, issued an unsigned news release, indicating it will appeal the ruling: "We are disappointed in Judge Boyle's decision today. We presented an honest and compelling case, and we believe today's decision is the wrong one, both from a legal perspective and from the perspective of national security. While this is a disappointment, we believe it is only temporary. We will continue to pursue this matter through the court system, and are confident that we will ultimately reach a favorable resolution."
Although the Navy's intention to appeal was expected, it was not well-received by opponents who indicate it's time for a different approach -- from the Navy as well as North Carolina.
"We find it frustrating," said Carter, "that the Navy continues to take refuge in national security to cover up the inadequacy of their own work, particularly when their record reveals there's really no national security need for the facility. ... It's desirable for noise mitigation in Virginia; they're different, very different things."
Carter indicated it was the Navy's own record -- contained in some 200,000 documents turned over under court order -- that defeated Navy arguments. And the entire record, should the Navy follow through with its stated intention to appeal, will be laid before the appeals court in Richmond, he explained.
"(The ruling) takes the Navy's own record and explains why they failed to comply with the law," said Carter. "It's going to be important because it reveals how the Navy actually made this decision rather than the way they're arguing they made their decision.'
A fiscal note
The news of the appeal also didn't sit well with state and local officials, particularly in Washington County, a cash-strapped county that must carefully weigh every line item in its budget.
Navy attorneys had told Boyle the Navy was willing to risk around $15 million -- it has already spent over $6 million in property purchases -- aware it may not be allowed to build an airfield at the site. By Navy estimations, the price of the practice landing field, including costs incurred through delays and legal wrangling, will approach $200 million.
"How in the world can the political powers-that-be permit the Navy to continue this fight?" asked Sanders. "My problem is that if the Navy were spending its own money -- if they were a private entity -- I would be much more tolerant of what they're doing. But when they're spending taxpayers' money, then my question is (are they) acting in what is considered the public good? I don't like them to spend my money when it's been proven in court that they didn't need an OLF, that this is totally political. Even if they need a practice field, they didn't need an OLF for only two squadrons. All of those are still considerations. On what do they base an appeal?"
Regarding congressional calls for investigations of the Navy by the Government Accountability Office and the Navy Inspector General's office, Sanders said, "Nobody has ever seriously addressed in a legitimate and an official way how the Navy can justify having spent millions of dollars purchasing land that is obviously not going to be used. How do you justify that?"
"There are other important national security needs that that money could be well spent on," said Nowlin. "Particularly at a point when we're facing record deficits, this type of irresponsibility with the taxpayers' dollars is completely frustrating."
"Someone at a higher level needs to be looking at this," added Carter, "when you've got a decision to spend this amount of money on this unneeded facility. You've apparently got huge needs just to armor Humvees in Iraq."
"This landmark court decision confirms what we have said all along," said Chris Canfield, executive director of Audubon North Carolina. "This is not a safe place for a jet landing field. It is time for the Navy's charade, and its needless waste of our tax dollars, to end. If a field is really needed, we can find an alternative."
Finding an alternative solution, indicated Mehta, should now extend beyond the courtroom and into the political arena.
"The legal process has just about run its course," he said, "in terms of the effect that a judge can have on the ultimate decision. The real effect, a more permanent effect, comes from the political branches, if they were to weigh in. Having in mind the analysis that Judge Boyle presented to them, it is just obvious that alternatives should be rigorously explored."
Rather than continue the court battle, Mehta said, the Navy now has an opportunity "to rethink, come back to the table and get practical about this."
"We have only to begun to fight," concluded Sanders. "That's a fact because we still have a battle in the state to make them aware of what we feel their obligation to the citizens of Eastern North Carolina is. We now must fight the political battle."
For a look at the highlights of Boyle's ruling, see Sunday's Daily News. http://www.wdnweb.com/articles/2005/...ews/news01.txt | | No. 38 |
Feb 19, 2005, 08:37 AM
Vicki:
Let us know what, when, and who to write and call if needed. Let's hope and pray the Navy stops spending our taxes on this. http://www.wilmingtonstar.com/apps/p...28&cachetime=5
Federal judge bars Navy from work on landing field
Last updated: February 19. 2005
By EMERY P. DALESIO
Associated Press Writer
The Navy wants to dramatically change the landscape of rural eastern North Carolina with a jet landing field but failed to properly study what its project would do to the environment, a federal judge ruled Friday.
Now, the military will have to stop work on the field while it takes another look at how its plans may harm a nearby wildlife refuge that is the winter home to tens of thousands of migratory birds, U.S. District Court Judge Terrence Boyle ruled in siding with environmentalists and local officials.
The Navy wants to use the planned outlying landing field, or OLF, for new F/A-18 Super Hornet jets to practice aircraft carrier takeoffs and landings. The Navy projects about 32,000 operations a year.
Navy lawyers argued at a hearing before Boyle last month that the proposed $190 million landing field is crucial to national security. A government lawyer told Boyle then that the Navy did not need a full environmental impact statement because it reviewed relevant studies about effects of airplane on birds....
..."Without an injunction, the Navy can continue to expend millions of dollars and other resources on the development of the OLF project" at the site without first complying with federal environmental law, Boyle said. "If land acquisition is allowed to proceed, additional landowners will be permanently displaced, tax revenue will be permanently lost, and the fragile habitat" will be disrupted....
...Plymouth Mayor Brian Roth said local opponents hope the state's congressional delegation and Gov. Mike Easley will now join the fight against the landing field.
"It had been clearly stated over the last several months, 'Let the court decide,' and of course now the court has decided," he said. "Now we expect Sen. Dole, Sen. Burr and our North Carolina federal delegation to step forward and defend the citizens of North Carolina."...
...Last month, Dole asked the Navy to stop condemning land for the OLF until the lawsuit was settled. Earlier, freshman U.S. Rep. G.K. Butterfield asked the Navy to stop land purchases until the judge ruled.
Butterfield spokesman Ken Willis said Boyle's ruling "just reinforces what the people in Washington and Beaufort counties have been saying all along."
Butterfield was named last month to the House Armed Services Committee, which will help him try to fight back any funding requests for the OLF, Willis said.
"We hopefully will have more traction if the Navy comes forward with another request," he said.
Gerald Allen farms 2,300 acres that would have been absorbed in a later phase of the OLF construction. While welcoming the ruling as a reprieve, be wasn't ready to declare a long-term victory Friday.
"I'd be scared to say," Allen said. "The government's some powerful people."
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Feb 19, 2005, 09:01 AM
Thank you so much for your support and prayers, Spacenurse. This has truly been a David versus Goliath battle for our very existence.
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