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Judge: Navy must stop work on OLF (Bird airstrike hazard sinks practice field)
Raleigh News and Observer ^ | February 18, 2005 | Staff

Posted on 02/18/2005 6:33:19 PM PST by Jomini

A federal judge has told the U.S. Navy it can't build a planned fighter jet airstrip next to a wildlife refuge in eastern North Carolina.

Chief U.S. District Court Judge Terrence Boyle this afternoon issued a ruling that the Navy broke the law by planning the 30,000-acre site without conducting the thorough environmental review required by federal law.

Boyle said the Navy badly underestimated the harm aircraft takeoffs and landings would pose to giant flocks of migratory birds that inhabit the remote area. And he said it also underestimated the threat of bird strikes to pilots and their multimillion-dollar aircraft.

Boyle, a Republican whom President Reagan appointed to the bench in 1984, forbade the Navy to continue planning, developing or building the $185 million Outlying Landing Field in Washington and Beaufort counties without first conducting a proper environmental review.

Boyle's ruling came after a hearing last month in which eastern North Carolina residents filled the courtroom.

Three environmental groups and Washington and Beaufort counties sued to stop the Navy from building the airstrip next to Pocosin Lakes National Wildlife Refuge. Navy pilots would use the site, about 135 miles east of Raleigh, to practice aircraft carrier landings.

The Navy is expected to appeal Boyle's ruling to the U.S. 4th Circuit Court of Appeals in Richmond, Va.


TOPICS: Constitution/Conservatism; Foreign Affairs; Government; News/Current Events; US: North Carolina
KEYWORDS: navy; olf; ruling
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This is huge news from both a constitutional and a war on terror perspective that I don't see posted yet. Judge Boyle with a very courageous ruling during a time of war -- upholding citizen's rights within a constitutional Republic while risking future federal appointment for his own career.

Regardless of your feelings about this issue it is worth understanding as it lays the groundwork for the coming battles between citizens and an overreaching federal government.

J

1 posted on 02/18/2005 6:33:20 PM PST by Jomini
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To: Jomini

This has been my concern from the first I heard about the OLF. That part of NC is bird central. There is no way you could get rid of enough of them to reduce the risk to an acceptable level in the first few years.


2 posted on 02/18/2005 6:36:35 PM PST by Rebelbase (Who is General Chat?)
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To: Constitution Day

NC Ping. A Judge is shutting it down for now.


3 posted on 02/18/2005 6:37:22 PM PST by Rebelbase (Who is General Chat?)
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To: Rebelbase

What Knot-head put the pork thru congresscritters?


4 posted on 02/18/2005 6:42:13 PM PST by RIGHT IN LAS VEGAS
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To: Jomini

Unlike most anti-development environmental arguments, this one IMO passes the "common sense" test.


5 posted on 02/18/2005 6:54:01 PM PST by Mad_Tom_Rackham (This just in from CBS: "There is no bias at CBS")
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To: Jomini
Yipes...

Hope it doesn't get built.

My son-in-law (Sweetest man ever) is a Nave pilot - it's hazardous enough , but on top of where giant flocks of migratory birds congregate!

Insanity

6 posted on 02/18/2005 6:55:45 PM PST by maine-iac7 (."...but you can't fool all of the people all of the time" LINCOLN)
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To: Jomini

On one hand this is good news that the federal government can't ignore the dumb and expensive laws it shoves down our throats.

But on the other hand, we, the taxpayers, will have to pay the bill.


7 posted on 02/18/2005 6:59:33 PM PST by KidGlock (W-1)
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To: Jomini
Oh, great plan. A jet field near a migratory bird preservation. The pilots would have loved it.
8 posted on 02/18/2005 7:03:52 PM PST by Billthedrill
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To: maine-iac7
Why would one want to put jets in a position to have birds sucked into a turbine. Those things do some damage to windshields too, no?
9 posted on 02/18/2005 7:06:16 PM PST by gov_bean_ counter
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To: Billthedrill
Oh, great plan. A jet field near a migratory bird preservation. The pilots would have loved it.

Maybe the Navy wants to test ejection and emergency procedures. [ /sarcasm on ]

10 posted on 02/18/2005 7:09:50 PM PST by topher (Pray for our leaders -- Pray for our Chief Justice of the Supreme Court)
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To: topher

they could bulldoze Baltimore, and claim it, be the same bird problem, but AFTER they doze Baltimore they could look for another place ;-)


11 posted on 02/18/2005 7:29:17 PM PST by sure_fine (*not one to over kill the thought process*)
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To: Jomini
I would be interested in finding out who did the staff work to select this site. I've seen some staff work from one prominent staff in that area in the last couple years that was also poorly done.

It sounds like the judge can stop the Navy due to the impact study not being done correctly. While his other comments speak of the risk of bird strikes, I'm wondering the level of his expertise on the subject. I have never flown in that area of North Carolina, but I would assume that there is an airport in that area. I hope the judge shuts that down too. According to the environmentalists it is way to dangerous for aircraft.

I was looking at a post by the N.C. audubon society and it looks like the OLF is not the only thing they are trying to shut down. http://www.ncaudubon.org/NAVY_Jan17.htm

The funny thing is that even when the military has owned bases for long periods of time it is not allowed to control the risks to equipment and personnel due to wildlife. Oceana is overpopulated with deer, NAS Key West has a big buzzard problem, and the Air Force lost an AWACS and its crew hitting a large bird on takeoff several years ago in Alaska.

12 posted on 02/18/2005 7:41:50 PM PST by USNBandit (sarcasm engaged at all times)
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To: Jomini

I would think there would be safety issues concerning bird strikes by building in "bird central".


13 posted on 02/18/2005 8:10:32 PM PST by Robert Lomax
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To: Jomini

In 1974 I moved to Fort Bragg, North Carolina to play paratrooper. During my first trip back from the Drop Zone I noticed wooden bird houses every hundred yards (not meters). They seemed to be as common as the utility poles along the roadways. This was to help the red calcated woodpecker. It was listed as endangered... Today, from my understanding the bird is literally more established in this region than when the first Scott's arrived in the 1600s. The military has an excellent record on protecting its land management resources.


14 posted on 02/18/2005 8:16:21 PM PST by Jumper
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To: Robert Lomax

15 posted on 02/18/2005 8:40:30 PM PST by Rebelbase (Who is General Chat?)
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To: Jomini

With the next round in base closings getting underway, there are probably a number of communities which would welcome that training mission.


16 posted on 02/18/2005 8:48:52 PM PST by PAR35
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To: gov_bean_ counter

Get a large section map of the area and see who owns the land not on the refuge, that is w/in 1/2/5/10 mi. from the base and see if you can find a winner.


17 posted on 02/18/2005 9:00:18 PM PST by Atchafalaya (When you're there, thats the best!)
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To: maine-iac7

Migratory birds only fly 2 times a year. Other than that, there isn't much risk at all. Flight training would need only be suspended for 3-4 months of the year for max safety.

So, what the judge said is they must conduct a proper enviromental study FIRST, before they plan any building.
With 30,000 acres, there is plenty of room to avoid any sensitive nesting areas. I wouldn't count on the project being permanently stopped unless the navy decides it's not worth the bother.


18 posted on 02/18/2005 9:07:53 PM PST by Nathan Zachary
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To: Jomini

Hell yes, much better from a judicial viewpoint to lose a couple cities during a war to a few endangered birds. The cities will grow back.


19 posted on 02/18/2005 9:12:50 PM PST by glock rocks (WYGIWYG)
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To: Nathan Zachary

Oh wait, the ducks and geese don't nest in the south, they do that in the spring when they fly north.


20 posted on 02/18/2005 9:13:48 PM PST by Nathan Zachary
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