RALEIGH, N.C. - Today Hon. United States District Court Judge Terrence Boyle enjoined the Navy from directly or indirectly taking any further activity associated with constructing an outlying landing field ("OLF") in Washington and Beaufort counties ("Site C") pending resolution of two lawsuits filed earlier this year. Washington and Beaufort counties, together with the National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife, sought a preliminary and permanent injunction to halt the Navy's plans to construct an OLF at Site C based on the Navy's failure to comply with the National Environmental Policy Act and Coastal Zone Management Act.

In September, 2003, the Navy announced its plans to locate an OLF in Washington and Beaufort counties as a training facility for new squadrons of F/A-18 Super Hornet aircraft. The OLF will require 30,000 acres and take away the homes, farms, and businesses of over 100 citizens of the two counties. The site chosen by the Navy is also beside the Pungo Lake unit of the Pocosin Lakes National Wildlife Refuge - the winter home of over 100,000 tundra swans and snow geese. Experts from the military have expressed strong concern about the OLF site because of the severe risk of bird strikes with the fighter planes. Other state and federal agencies have also objected to the Navy's actions because of the adverse effects on migratory birds, land use, and county tax rolls. The lawsuit filed by the counties in January cites numerous concerns with the Navy's Final Environmental Impact Statement ("FEIS"), through which the Navy was required to take a "hard look" at the environmental impacts of its proposed actions.

"On behalf of Washington and Beaufort Counties, we are extremely pleased with the decision rendered by the Court today," said Ray Owens, Kiran Mehta, and Chris Lam, the Kennedy Covington team representing the Counties. "The citizens of our counties have sought justice and we believe it has been rendered by Judge Boyle in our case. It is our sincere hope that in light of this decision the Navy will renew its efforts to identify a more appropriate site for an outlying landing field."

Click here for a copy of Judge Boyle's Order.

Kelly Thompson
kthompson@kennedycovington.com