[A] federal judge in Rutland ruled for the Air Force this week in a lawsuit that sought to delay the arrival of F-35 fighter jets at the airport in South Burlington.
The lawsuit, brought by six Chittenden County residents and the town of Winooski, challenged the environmental impact study conducted by the U.S. Department of Defense, which formed the basis for its decision to base the F-35 with the Vermont Air National Guard at Burlington International Airport.
U.S. District Judge Geoffrey Crawford dismissed motions from those challenging the impact study and granted the Air Force’s request for summary judgment, writing in his decision that “it is clear the (study) meets the requirements” of the National Environmental Policy Act.
Crawford added that the Air Force met the standard that its basing decisions “not be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
The impact study and subsequent decision to locate the F-35 in South Burlington gave “thoughtful consideration” to the trade-offs between the Air Force’s mission and the community’s interest in limiting noise and other environmental impacts from the fighter jets, Crawford concluded.
Jim Dumont, a lawyer for the residents, said he appreciated the hard work Crawford put into the case.
“I’ll be reviewing the decision with the other lawyers working on the case, and then we’ll meet with the clients and make a decision about whether to appeal,” Dumont said.
He said he’d spoken briefly with one of his clients after the ruling was issued but declined to characterize the response.
Maj. Gen. Steven Cray, the Vermont National Guard adjutant general, said in a statement that the decision shows the Air Force did its due diligence when making the F-35 basing decision.
“We are very happy to put the lawsuit behind us and to focus on the future of the Vermont Air Guard. As community partners it’s important that we continue to work side by side with our airport neighbors,” Cray said in the statement.
Gov. Peter Shumlin, in a statement issued by the Guard, said: “This decision secures the Vermont Air National Guard mission and these important jobs for hardworking Vermont families.” Shumlin is on vacation this week.
The Vermont Air National Guard is expected to receive 18 F-35s to replace the current fleet of 18 F-16s. Officials with the Guard have said the new planes are expected to arrive in the fall of 2019, earlier than previously anticipated.
