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BILL AIMS TO DEFUSE LAWSUITS PROPOSAL WOULD DEFUSE SUITS OVER LOW-LEVEL FLIGHTS.


Byline: Jim Skeen Staff Writer

EDWARDS AIR FORCE BASE Edwards Air Force Base, U.S. military installation, 301,000 acres (121,805 hectares), S Calif., NE of Lancaster; est. 1933. It is one of the largest air force bases in the United States and has the world's longest runway.  - In a move that angered environmental groups, a Utah congressman has proposed legislation aimed at protecting the nation's low-level military flight corridors, such as those used by Edwards Air Force Base, from lawsuits.

Rep. James Hansen For the American politician from Idaho, see Jim D. Hansen. For the American politician from Utah, see James V. Hansen.

James E. Hansen (born March 29 1941 in Denison, Iowa) heads the NASA Goddard Institute for Space Studies[1]
, R-Utah, inserted language into the House of Representatives' version of the 2001 Defense Authorization Act stating that the military's environmental impact statements are in compliance with the National Environmental Policy Act.

The assertion is aimed at preventing legal attacks on the nation's low- level flight corridors.

``The possibility of a poor judicial decision would be unacceptable,'' said Bill Johnson Bill Johnson may refer to:
  • Bill Johnson (jazz musician) (1874–1972), American jazz musician
  • Bill Johnson (entrepreneur) (1905-1962), First Importer of Triumph Motorcycles 1930's
  • Bill Johnson (skier) (born 1960), American skier
, Hansen's legislative director. ``It doesn't change the level of compliance one bit. It clears up any confusion there might be.''

The move comes at a time when a coalition of citizens groups has sued the Air Force in federal court to block all flights lower than 2,000 feet.

The groups accuse the Air Force of violating the National Environmental Policy Act by failing to comprehensively address the impacts of low-level flights on the environment. The groups allege the military is masking the nationwide effects of such flights by breaking up the analysis into smaller, site-specific studies.

The groups, led by the Rural Alliance for Military Accountability and the Center for Biological Diversity The Center for Biological Diversity combines conservation biology with litigation, policy advocacy, and an innovative strategic vision to secure a future for animals and plants hovering on the brink of extinction, for the wilderness they need to survive, and by extension for the , want the Air Force to conduct a nationwide environmental review before allowing low-level training and test flights.

Hansen's move is an end run around the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
, said Peter Galvin, a conservation biologist for the Arizona-based Center for Biological Diversity.

``It's a regrettably common practice. When an agency that isn't complying with the law gets sued, their cronies in Congress insulate them from the law,'' Galvin said. ``We will fight this at every legislative step. We will still pursue our lawsuit.''

The Senate has not yet taken up its version of the bill. Differences between the two bills will be reconciled later this summer.

Johnson said it was impractical to require a study of the effects that a low-level flight in the western United States Noun 1. western United States - the region of the United States lying to the west of the Mississippi River
West

Santa Fe Trail - a trail that extends from Missouri to New Mexico; an important route for settlers moving west in the 19th century
 could have on a wildlife species in the eastern part of the nation. The lawsuit is also impractical because there would not be enough time or money to complete such a nationwide review, he said.

``I'm quite confident there's no merit to this case,'' Johnson said.

Environmentalists argue that there is a cumulative, nationwide effect from the flights. The military uses more than 1 million square miles for low-level flights, much of it over sensitive public lands such as national parks This is a list of national parks ordered by nation. Africa
See also:
  • Algeria
  • Botswana
  • Chad
  • Ethiopia
  • Gabon
  • Kenya
  • Madagascar
  • Morocco
  • Mozambique
  • Namibia
 and wildlife refuges.

The noise and sudden appearance of the airplanes can panic animals, interfering with their ability to reproduce and raise their young, environmental groups say.

They also contend that the noise can be startling star·tle  
v. star·tled, star·tling, star·tles

v.tr.
1. To cause to make a quick involuntary movement or start.

2. To alarm, frighten, or surprise suddenly. See Synonyms at frighten.
 to humans trying to enjoy public lands.

Noise levels from low-flying aircraft can hit 110 decibels - a sound level described as falling between that produced by a circular saw and by a rock band.

The 12 groups that filed the lawsuit represent fishermen, farmers, hunters, rafters, hikers, backcountry back·coun·try  
n.
A sparsely inhabited rural region.
 outfitters and residents.

Most of Edwards' low-level flights occur over the R-2508 Complex, a range that stretches 140 miles north to south between Bishop and Edwards, and 110 miles east to west, between the Nevada state line and Tehachapi. The range takes in Sequoia, Kings Canyon and Death Valley national parks.

The range is used by several military installations, including the China Lake Naval Weapons Center near Ridgecrest, the Air National Guard at Fresno, and the Naval Air Station A Naval Air Station is an airbase of the United States Navy. Such bases are used to house Naval Aviation squadrons and support commands. List of Functioning US Naval Air Stations
  • Atlanta, Georgia
  • Brunswick, Maine
  • Corpus Christi, Texas
 at Lemoore.

In 1977, the military voluntarily restricted flights to no lower than 3,000 feet over Sequoia and Kings Canyon national parks, Death Valley National Monument, the John Muir Wilderness The John Muir Wilderness is a wilderness area that extends along the crest of the Sierra Nevada of California, USA for approximately 100 miles (150 km), in the Inyo and Sierra National Forests.  Area and portions of the Domeland Wilderness Area.

The voluntary limit does not apply to the 1.2 million acres that were added to Death Valley National Monument when the area was enlarged and redesignated a national park in 1995.

CAPTION(S):

map

Map: R-2508 Airspace Complex
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Publication:Daily News (Los Angeles, CA)
Date:May 19, 2000
Words:663
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