Fourth Circuit rules against Navy in OLF case

Richmond - The U.S. Fourth Circuit Court of Appeals today unanimously ruled that the Navy failed to take a hard look at the environmental effects of a planned Outlying Landing Field to be constructed in northeastern North Carolina and therefore violated the National Environmental Policy Act, giving a major victory to environmental and community groups that have fought the OLF planned for Washington and Beaufort counties.

"The Court's ruling today has validated what we've said from day one: this isn't the place for an OLF," said Michelle Nowlin, an attorney with the Southern Environmental Law Center, which represented the environmental interests in the case. "We are confident that once the Navy gives this site a serious and objective review, it will reach the same conclusion." SELC represented the National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife in the appeal.

The Fourth Circuit ruled that the Navy violated NEPA in a number of ways, including the failure to conduct an adequate site visit; the failure to more thoroughly investigate risk of bird strikes; providing a comparative study of the bird-strike risk and environmental impact with other military facilities in the region that was without factual basis; and the failure to comprehend the cumulative impacts of adding an OLF to existing military flight activity of the region.

"The hallmarks of a 'hard look' are thorough investigation into environmental impacts and forthright acknowledgement of potential environmental harms. The Navy's effort fell short in both regards," according to the Fourth Circuit's ruling.

The Navy must now complete a Supplemental Environmental Impact Statement (SEIS) to address the environmental issues at stake should it decide to proceed with an OLF at the proposed site.

The Fourth Circuit has also ruled that the permanent injunction against further construction or planning of the OLF issued by District Court Judge Terrance Boyle was too broad and ordered that it be narrowed to permit specific activities while the Navy is completing its SEIS. These activities include purchasing land from willing sellers; proceeding with other activities that are preliminary to site acquisition such as title searches and surveys; undertaking design and engineering planning and applying for permits.

"While the modified injunction will allow certain limited activities to proceed, given the uncertainty about Oceana's future, it would be unwise for the Navy to commit additional financial resources. The recent BRAC recommendation to move the flight activities of Navy jets - including the Super Hornets - to Cecil Field in Florida strongly suggests that Oceana will be closed, thereby eliminating need for OLF," said Nowlin.