Opponents of the F-35 are poised to file suit against the U.S. Air Force if it selects Burlington as the location to base the planes.
The Stop the F-35 Coalition says the decision to place the new fighter jets with the Vermont Air National Guard has been made, but no public statement from the Air Force has been released.
The group leading the campaign against the F-35 fighter jet says it has contacted its lawyer, Jim Dumont, and is prepared to file suit against the Air Force. Secretary of the Air Force Eric Fanning is expected to issue a decision soon.
According to Air Force spokesman Lt. Col. Allen Herritage: “No decision has been made and we do not have a timeline for that decision.”
Herritage said the Air Force does not have any statement on the potential lawsuit.
Dumont, a Bristol-based attorney, said the coalition is filing suit against the Air Force for violating the National Environmental Policy Act (NEPA), which requires federal agencies to perform an environmental impact study before making decisions such as the basing of the F-35.
He said the Air Force’s Environmental Impact Statement, which is an assessment of the potential environmental and social consequences of basing the F-35 at two of six locations across the country, lacks crucial health-related information necessary to make an informed basing decision.
Dumont has previously appealed the U.S. Air Force’s decision to deny a Freedom of Information Act request for the original scoring sheets used in the process of deciding where to base the F-35.
Rosanne Greco, a retired U.S. Air Force colonel who is now a member of the South Burlington City Council, said an Air Force source told her Burlington has been selected for the F-35 beddown.
Greco said the purpose of the lawsuit is to expose what opponents say was a flawed process to initially consider Burlington International Airport as a possible base. She said Sen. Patrick Leahy, D-Vt., lobbied for Burlington in the selection process.
“This is nothing new. Leahy basically directed the Air Force to select Burlington, and that’s what they are going to do,” she said.
Vermont’s congressional delegation has consistently supported the basing of the F-35 in Burlington. Burlington Mayor Miro Weinberger also supports the basing, as does the South Burlington City Council. The city council in Burlington decided not to oppose the jets and the Winooski council chose not to support them.
Wednesday, a Leahy spokesperson said the senator has not been told that Burlington was selected.
Opponents say the F-35 will harm residents living in the neighborhoods surrounding the airport.
They say basing the jets would devalue property around the airport, and the increase in noise would impact residents’ cardiovascular health and impair the learning ability of children in nearby schools. They also cite what they say is a greater potential for the F-35s to crash than the current F-16s.
Proponents of the F-35 say the jet is necessary to continue the Vermont Air National Guard’s mission because the F-16s are not scheduled for upgrades. Guard officials have said the F-35 will have been adequately tested before arriving in Burlington as soon as 2020.
In the final EIS, the Vermont Air National Guard station was the preferred location to base the F-35. The mandatory minimum 30-day waiting period between the release of the final EIS and the Record of Decision is complete.
Eighteen to 24 fighter jets would be based with the Air Guard to replace the F-16s, Air Force officials have said.
Burlington City Council voted down two Progressive-sponsored resolutions that would have opposed the F-35 basing in Burlington last month. This was the opponents’ last attempt to derail the basing decision without taking legal action.
