Locals take first legal action against Navy AICUZ

Sept 12, 2007

.

Robert B. Goldman

Attorney at Law

Post Office Box 1001 / Key West, Florida 33041

305/296-1111 / fax/292-2144

admitted to practice in

Florida and Illinois Florida Supreme Court Certified Mediator

Florida Supreme Court Qualified

Arbitrator

September 12th, 2007

Captain J.R. Brown, Commanding Officer

NAS Key West

P.O. Box 9001

Key West, Florida 33040

* via facsimile 293-2627 *

Re: EIS/AICUZ

Dear Captain Brown:

The undersigned is counsel to a group of residents in the Stock Island/Big Coppitt and Geiger Key areas whose lives have become negatively affected by the Navy’s improper introduction to the community of the F/A-18 E/F Super Hornets, and forthcoming F-22’s. The Navy unilaterally changed the county approved 1977 AICUZ, and has failed to file a proper Environmental Impact Statement (EIS) before bringing in the new planes. We respectfully request that you halt all flights of the aforementioned planes or at least restrict them to the 1977 AICUZ until these matters are resolved. You have also violated the good neighbor policy which is consistent throughout current Naval Operations Manuals. There are two alleged Environmental Impact Statements floating about concerning the Super Hornets. The first covers the entire east coast for the planes but does not mention NAS Key West. The one you are apparently claiming covers NAS Key West is nothing more than the one prepared by the Army Corps for the dredging of the Key West channel with an additional couple of paragraphs about the planes.

Your change from the 1977 AICUZ to the aforementioned 2004 and 2007 AICUZ was unjust both procedurally and substantively. Substantively, you failed to even attempt to comply with the NEPA requiring a full EIS which includes the issues of citizen health (see SECNAVINST 5090.6 ASN (I&E) 26 July 1991). The procedural change of the AICUZ from Key Haven to a flight path over homes purchased in reliance upon your word that they would be protected from the noise overhead is replete with much intrigue and influence peddling if the stories heard are true. If this is the case, and if and when it reaches the public domain, not only the Navy, but various individuals will be at the very least very embarrassed. As you are aware the increased noise from the Super Hornets overhead causes objects to fall from shelves, sets off car alarms and burglar alarms, and causes tremendous health related issues in the population below. This is well documented in the Navy’s own literature, as well as the various lawsuits all over the country that have been decided in favor of the citizens. My clients cannot even enjoy their day to day activities that most Americans take for granted. As per your own operations manuals, we now look to you to be a good neighbor and work with us to address the hereinabove concerns of your host community. Thank you in advance for your cooperation.

Very truly yours,

Robert B. Goldman

cc: clients

County Attorney Suzanne Hutton (fax only: 292-5516)