A group known for protesting jet noise at the Navy airfield near Coupeville settled a federal, public-records lawsuit against the Navy this week.
Citizens of Ebey’s Reserve, also known as COER, filed the action in U.S. District Court last year, claiming a laundry list of violations of the Freedom of Information Act.
COER reported that the lawsuit was settled when the Navy finally produced the responsive documents and paid $17,500 to cover attorney’s fees.
As a result, the case was dismissed in federal court Aug. 19.
COER is also a party, along with the state Attorney General’s Office, in a separate lawsuit that alleges the Navy violated of the National Environmental Policy Act in completing the necessary studies to determine the impact an increase in EA-18G Growler flights at Outlying Field Coupeville would have on the environment and community.
In that case, COER also filed a preliminary injunction.
“COER remains committed to taking any and all actions possible to bring relief to our communities suffering from jet noise from an out-of-balance expanded Navy mission,” COER President Robert Wilbur said in a press release.
The Freedom of Information Act, commonly known as FOIA, provides that people have the right to request and access federal agency records, except those protected by any of nine exemptions.
Under the law, federal agencies are required to send an initial response acknowledging receipt of a FOIA request within 20 business days, unless there are “unusual circumstances.”
According to the lawsuit, the Navy failed to adequately respond or produce the required documents to COER requests for information related to well and groundwater contamination near the two Whidbey airfields, equipment at OLF Coupeville, Growler engines and noise testing.
In one case, the Navy didn’t respond at all to a request. In a couple of other instances, the Navy made the required initial response but then didn’t produce any documents.
COER had to go through, and won, an administrative appeal process before filing the federal lawsuit.
