SELC's statement on the Navy's Military Operations Area

The US District Court for the Eastern District of North Carolina today ruled that the Navy arbitrarily violated the National Environmental Policy Act in failing to prepare an Environmental Impact Statement on proposed Military Operations Areas (MOAs) in eastern North Carolina. The Southern Environmental Law Center represented the National Audubon Society, Defenders of Wildlife, and the North Carolina Wildlife Federation in the case against the Navy.

In its ruling, the Court found “the environmentally significant nature of the land underlying the proposed MOA undeniable.” The Court concluded “[the] important geographic role of the [National Wildlife Refuge] and fragility of the habitat raise a substantial question as to the potential for significant impacts from introducing new flight activity.”

The proposed MOAs would overlie Cape Lookout National Seashore and parts of four National Wildlife Refuges. The designated airspace would be used by Navy and Marine jets for air combat training. In a 2003 environmental assessment, the Navy had concluded that the impacts of the proposed MOA would not be significant.

“The Court’s ruling today further demonstrates the Navy’s disregard for the environment of Eastern North Carolina. As with its ill-conceived proposal to locate an Outlying Landing Field next to a wildlife refuge, the Navy has failed to adequately examine the environmental effects and violated the law,” said Derb Carter, attorney for the Southern Environmental Law Center.