Few states or organizations have won legal challenges against the Navy. COER, funded solely by donations from individuals throughout Northwestern Washington, has pressed the Navy to follow the law for the past 10 years. Science is now proving what we have all known – Growler noise makes a bad neighbor. Steadfast financial support has made COER’s work possible. This win is a win for all of us … and we haven’t finished yet.
Please read COER’s press release and the link to Judge Jones’ order released on August 16th, 2024.
COER News Flash – August 21
Federal Judge Jones entered an order on August 16th on a motion by Citizens of Ebey’s Reserve (COER) and Washington’s Attorney General to include specific requirements be added to his September 1, 2023, decision that the Navy must prepare a new Environmental Impact Statement (EIS) for its expanded EA-18G Growler operations at Naval Air Station Whidbey Island. In 2021 the plaintiffs (COER and the State) sued the Navy over its failure to meet the requirements of the National Environmental Policy Act, and the Court ruled against the Navy on four counts and ordered the plaintiffs and the Navy to negotiate interim remedies to be in effect until a revised EIS was put in place.
The Navy subsequently argued they could simply fix the current EIS because the deficiencies were not serious or numerous. The Judge disagreed and called the Navy’s failings serious violations of NEPA requiring a new EIS, and noted “[T]his Court found that the Navy ‘selected methods of evaluating data that supported its goal of increasing Growler operations’ and ‘turned a blind eye to data that would not support this intended result.’”
Concerned that the Navy might drag its feet in completing the new EIS, last September COER and the State requested the Court to set a deadline for completion of the EIS, require the Navy to prepare and distribute routine reports on their progress, and retain jurisdiction over enforcing the requirements. The court’s current decision granted those requests and ordered the new draft EIS to be prepared by May 1. In addition, the Navy must “file status reports every 90 days describing its progress toward compliance.” The Court will also retain jurisdiction to ensure Navy compliance.
In the September 2023 motion, COER had also requested the Judge vacate the record of decision that authorized a fourfold increase in Growler carrier landing practice operations at the Outlying Field in Coupeville. COER pointed out new data and information showing that reversion to the prior practice allocations between Ault Field in Oak Harbor and the OLF would reduce the impacts on civilians while the overall number of training operations would stay the same. Nevertheless, the Judge denied, explaining it was customary to defer to military expertise in such matters of national defense.
COER’s chairperson, Bob Wilbur, noted, “That rationale places an impossible burden on the civilian plaintiffs that can never be overcome because whatever the military says goes.” COER is considering whether to appeal that current decision, which if initiated, will cost about $30,000 to appeal. |
