Navy Stick to Same, Old, Flawed Argument as it Tries to Build a Misplaced Landing Field Near a National Wildlife Refuge in Washington County, NC

th Circuit Court of Appeals Hears Case After Navy Loses Twice in District Court

(07/20/2005) - Washington, DC -- Today the 4th Circuit Court of Appeals in Richmond, Virginia will hear the same old, tired and flawed argument the Navy has been using for three years to justify why it should build a landing field near Pocosin Lakes National Wildlife Refuge in Eastern North Carolina, according to Defenders of Wildlife, plaintiffs in a case against the United States Department of the Navy, et al.  

"Just as they have done for the past three years, we expect the Navy to regurgitate the same old information and try to repackage it in a way that sounds convincing," stated Mike Senatore, Vice President of Conservation Litigation for Defenders of Wildlife. "Despite mounting scientific evidence, previous judicial decisions and public opinion opposing the site, the Navy continues to waste money and time in a site that is clearly at odds with its intended goals." 

A recent District Court ruling in February found that the Navy's Environmental Impact Statement was flawed and filled with inaccurate assessments on how the OLF would affect surrounding wetlands. The Court also stated that, despite the Navy's utterances to the contrary, both national security and environmental responsibility could be achieved from an alternate site. The Navy had sought a stay after the injunction was ordered but was denied by the 4th Circuit in May.  

"Time after time, the courts are finding that the Navy is not complying with federal law as they try to build an outlying landing field smack dab in the middle of one of the East Coast's largest concentrations of migratory birds," stated Jamie Rappaport Clark, Executive Vice President of Defenders of Wildlife. "The Navy's current proposed site is bad for wildlife, bad for pilots, bad for farmers, and bad for taxpayers. The Navy should listen to the court, follow the law and choose another site for their landing field away from a national wildlife refuge set aside to support high-densities of migratory birds." 

There are a number of alternative sites – ones that do not pose unacceptable risks to pilots or cause irrevocable harm to birds, wildlife, and the wild places they call home. Pocosin Lakes supports over 100,000 migratory birds for significant portions of the year and is federally protected land. The five alternative sites the Navy has publicly stated it would re-examine would not put the lives of pilots at risk or destroy the integrity of a federally protected wildlife refuge. 

Other plaintiffs in the case include the National Audubon Society, the North Carolina Wildlife Federation and Washington and Beaufort Counties in North Carolina. They are represented by the Southern Environmental Law Center's North Carolina division.

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Defenders of Wildlife is a leading nonprofit conservation organization recognized as one of the nation's most progressive advocates for wildlife and its habitat. With more than 490,000 members and supporters, Defenders of Wildlife is an effective leader on endangered species issues.

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Contact(s):

Deborah Bagocius, (202) 772-0239
William Lutz, (202) 772-0269