Guest Opinion: Court Allows Harmful “Growler” Jet Operations

Court’s Decision Ignores Serious Health Impacts

— from Cate Andrews, Citizens of the Ebey’s Reserve —

Citizens claiming to be harmed by the Navy’s low-level flight operations expressed disappointment, but not surprise at U.S. District Court Judge Thomas Zilly’s denial of their Motion for an Injunction. The Citizens of the Ebey’s Reserve (COER) sought to halt the harmful F-18 “Growler” over-flights until a required Environmental Impact Statement is completed.

“We believe the judge’s decision flies in the face of the facts and common sense,” said Maryon Attwood, COER board member. “It allows the loudest jets ever built to fly low over homes and places of business while emitting hazardous levels of noise. These flights will be allowed to continue even before the Navy completes a required Environmental Impact Study to assess the harms done to people and the environment,” she added.

• COER submitted evidence from physicians and other medical experts establishing the significant health harms, including depression, anxiety, insomnia, elevated blood pressure, anger, and hearing loss.
• The Navy presented no medical evidence to counter the citizen’s claims. Instead, the Navy claimed to have studied potential health impacts from Growler noise in a 2005 “Environmental Assessment.”
• Nowhere in the Navy’s abbreviated “Assessment” are the words “human health” to be found. The noise levels predicted more than 10 years ago in the Navy’s Assessment” were based on computer modeling.
• The evidence submitted by COER included actual sound measurements by an acoustical engineer. The actual noise levels exceed community noise standards established by the State of Washington, the EPA, and the World Health Organization.
• Furthermore, the Navy has been flying as many as 9,000 harmful low-level flight operations a year, almost one-third more than predicted in the 2005 environmental assessment.

“We were asking one arm of the federal government to rule against another – and did so with limited resources challenging an entity with unlimited resources,” said Ken Pickard. COER is considering an appeal and has vowed take its case to the ‘court of public opinion’ with increased regional and national organizing efforts.

“The Navy’s response should serve as a warning to other communities being targeted for ‘warfare training’ across the country,” according to COER’s Cathryn Andrews. “We are letting people know that the Navy is willing to harm the very people and environment it is sworn to protect – and do so in the name of so-called national security,” said Paula Spina.

The Motion for Preliminary Injunction (Case number: CV13-1232Z) and supporting declarations can be viewed at www.citizensofebeysreserve.com.