Defendants Status Report
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GrowlerJoeDefendants Status Report
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GrowlerJoeCase 2:19-cv-01059-RAJ Document 167 Filed 11/15/24 Page 1 of 4
1 District Judge Richard A. Jones
4
IN THE UNITED STATES DISTRICT COURT
5 FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
6
STATE OF WASHINGTON, et al. No. 2:19-cv-01059-RAJ
7
Plaintiffs,
DEFENDANTS’ STATUS REPORT
8 v.
9 The UNITED STATES DEPARTMENT OF
THE NAVY, et al.,
10
Defendants,
11
12 Pursuant to this Court’s August 16, 2024 Order (ECF No,161), Defendants submit the
13 following status report regarding the Department of the Navy’s (“Navy”) preparation of a
14 supplement to the Naval Air Station Whidbey Island (“NASWI”) Complex Growler Final
15 Environmental Impact Statement (“Growler FEIS”) as necessitated by this Court’s August 2,
16 2022 Order Adopting Report and Recommendation (“Merits Order”) (ECF No. 119).
17 Consistent with the Merits Order, the Navy is supplementing the analysis in the Growler
18 FEIS in the following four areas: (1) greenhouse gas emissions; (2) effects on childhood
19 learning; (3) effects on birds; and (4) consideration of the El Centro, CA alternative. The Navy
20 began the process to supplement the Growler FEIS in the fall of 2023 when it issued a contract
21 for the preparation of the supplemental analysis.
22
DEFENDANTS’ STATUS REPORT U.S. Department of Justice
23 150 M. Street, NE
No. 2:19-cv-01059-RAJ Washington, DC 20002
24
25
Case 2:19-cv-01059-RAJ Document 167 Filed 11/15/24 Page 2 of 4
In November 2023, the contractor began work on the supplemental analysis. Since that
time, it has completed an updated review of the available scientific literature, including journal
articles, policies, guidance, surveys, and data, and incorporated this information into an initial
draft supplemental analysis. This draft is currently under review by Navy subject matter experts.
The Navy estimates that it will finalize a draft of the supplemental analysis by
approximately February 1, 2025. Once the draft supplement is completed, the Navy will publish
a Notice of Availability in the Federal Register providing notice that the draft is available for
public comment.
The Navy is in the process of developing a public involvement plan. Such a plan
includes public notifications of the availability of the draft, a website, and visual aids to assist the
public. This plan also includes providing the public the opportunity to comment and discuss the
draft supplemental analysis with Navy subject matter experts. Currently, the Navy plans to
conduct both virtual and in-person public meetings. The Navy anticipates that those meeting
will be held no later than mid-March 2025.
After the comment period closes, the Navy will then need to respond to comments,
finalize and release the final supplemental analysis, and, at least 30 days thereafter, issue a record
of decision (“ROD”) or other decision document based on the supplemental analysis.
Respectfully submitted this 15th day of November, 2024.
TODD KIM
Assistant Attorney General
By: /s/ Gregory M. Cumming
GREGORY M. CUMMING
KRYSTAL-ROSE PEREZ
United States Department of Justice
DEFENDANTS’ STATUS REPORT U.S. Department of Justice
150 M. Street, NE
No. 2:19-cv-01059-RAJ Washington, DC 20002
Case 2:19-cv-01059-RAJ Document 167 Filed 11/15/24 Page 3 of 4
Environment & Natural Resources Division
Natural Resources Section
150 M Street, NE
Washington, D.C. 20002
Phone: (202) 305-0486 (Perez)
(202) 305-0457 (Cumming)
Fax: (202) 305-0506
[email protected]
[email protected]
COBY HOWELL
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
1000 S.W. Third Avenue
Portland, OR 97204
Phone: (503) 727-1023
Fax: (503) 727-1117
Email: [email protected]
Attorneys for the Federal Defendants
CERTIFICATE OF SERVICE
I hereby certify that on November 15, 2024, I served a copy of the foregoing on counsel
of record electronically through the court’s CM/ECF system.
By: /s/ Gregory M. Cumming
GREGORY M. CUMMING
KRYSTAL-ROSE PEREZ
United States Department of Justice
Environment & Natural Resources Division
Natural Resources Section
150 M Street, NE
Washington, D.C. 20002
Phone: (202) 305-0486 (Perez)
(202) 305-0457 (Cumming)
Fax: (202) 305-0506
Email: [email protected]
[email protected]
DEFENDANTS’ STATUS REPORT U.S. Department of Justice
150 M. Street, NE
No. 2:19-cv-01059-RAJ Washington, DC 20002
Case 2:19-cv-01059-RAJ Document 167 Filed 11/15/24 Page 4 of 4
COBY HOWELL
U.S. Department of Justice
Environment & Natural Resources Division
Wildlife & Marine Resources Section
1000 S.W. Third Avenue
Portland, OR 97204
Phone: (503) 727-1023
Fax: (503) 727-1117
Email: [email protected]
Attorneys for the Federal Defendant
DEFENDANTS’ STATUS REPORT U.S. Department of Justice
150 M. Street, NE
No. 2:19-cv-01059-RAJ-JRC Washington, DC 20002
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