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WASHINGTON COUNTY, NC v. U.S. DEPT. OF NAVY

Nos. CIV.A.2:04 CV 3BO(2); CIV.A.2:04 CV 2BO(2).

357 F.Supp.2d 861 (2005)

WASHINGTON COUNTY, North Carolina and Beaufort County, North Carolina, Plaintiffs, v. UNITED STATES DEPARTMENT OF THE NAVY; Gordon R. England, in his official capacity as Secretary of the Navy, and Wayne Arny, in his official capacity as Assistant Secretary of the Navy for Installations and Environment, Defendants. The National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife, Plaintiffs, v. United States Department Of The Navy; Gordon R. England, in his official capacity as Secretary of the Navy, and Wayne Arny, in his official capacity as Assistant Secretary of the Navy for Installations and Environment, Defendants.

United States District Court, E.D. North Carolina, Northern Division.

February 18, 2005.

Attorney(s) appearing for the Case

Derb S. Carter, Jr., Michelle B. Nowlin, Southern Environmental Law Center, Chapel Hill, NC, for National Audubon Society, North Carolina Wildlife Federation, and Defenders of Wildlife.

Raymond E. Owens, Jr., Kiran H. Mehta, Christopher C. Lam, Kennedy, Covington, Lobdell & Hickman, Charlotte, NC, for Washington County and Beaufort County.

R. A. Renfer, Jr., Asst. U.S. Attorney, U.S. Attorney's Office, Raleigh, NC, Stephen G. Bartell, U. S. Dept. of Justice, Env. Div., Washington, DC, for defendants.

TERRENCE WILLIAM BOYLE, District Judge.

This matter is before the Court on the Parties' Cross-Motions for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. The motions have been fully briefed, and on January 19, 2005, a hearing was held before the Court. The matters are ripe for ruling.

INTRODUCTION

This suit arises out of the Department of the Navy's ("Navy") plan to construct and operate a new Outlying Landing Field ("OLF...

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