US court stops FDM bombing

A federal court issued an injunction ordering the immediate halting of all military activities on Farallon de Mendinilla Island that would harm its bird population.

Judge Emmett G. Sullivan, sitting on the bench for the U.S. District Court of Columbia, issued the injunction on April 30 (Columbia time), effectively enforcing the declaration of illegality that it rendered against the military bombing exercises sometime last March.

In a statement sent to the Saipan Tribune via email, the Center for Biological Diversity — the environmental group which petitioned the court to issue the injunction — said that Sullivan did not give credence to the claim of the U.S. Navy and Department of Defense that an uninterrupted use of the island for bombing exercises is vital.

The court noted that, based on the testimony of military officers, there are other facilities where bombing practices may be done, according to Peter Galvin, the CBD’s California and Pacific director.

“The court properly rejected the Navy’s attempts to arrogate to itself the decision whether to obey the will of Congress. The Navy is not above the law. This case stands as an important reaffirmation of the separation of powers that is a cornerstone of our democracy,” Earthjustice attorney Paul Achitoff was quoted by Galvin as saying. The Hawaii-based Earthjustice lawyered for the CBD in the lawsuit.

Sullivan, last March 13, granted a summary judgment declaring the bombing exercises illegal, since they violate the Migratory Bird Treaty Act (MBTA).

The Navy, however, continued with its bombing exercises despite the court’s order. The most recent batch of live fire training was scheduled until today, but the Navy said it halted the activity upon receiving information on the injunction order yesterday morning (Marianas time).

“The military has been using FDM for live-fire training, during which bombers drop 500-, 750-, and 2000-pound bombs, precision-guided munitions, and mines; naval ships fire deck-mounted guns, using high explosive, point-detonating rounds; and aircraft fire machine guns, cannons, and missiles at FDM. The resulting destruction of nesting migratory birds has been well established,” the CBD said.

Earlier reports said that, aside from the killing of birds, the bombings have caused grass fires that destroyed the island’s vegetation, resulting in erosion.

The 200-acre Farallon de Mendinilla is an uninhabited island located some 45 nautical miles north of Saipan. It serves as habitat to bird colonies. Some of the bird species on the island, according to the CBD, are: Great frigate birds; Masked, Red-footed, and Brown booby’s; red- and white-tailed tropic birds; White and Sooty terns; Brown and Black noddy’s; and the endangered Micronesian megapode, among more than a dozen bird species. It is also home to Mariana fruit bats.

The CBD contended that the Navy has been conducting bombing exercises without a required permit from the U.S. Fish and Wildlife Service. Citing the MBTA, the CBD said it shall be unlawful for anyone to “pursue, hunt, take, capture or kill any migratory bird included in the terms of the treaties without a permit issued by the Fish and Wildlife Service.”

The Service denied the Navy’s application for a permit in 1996, said the CBD. “The Navy did not appeal or reapply, but continued to bomb the island.

“Anticipating the court’s ruling, the Department of Defense recently submitted to Congress a sweeping proposal to exempt military activities from the MBTA, along with many other environmental laws. DoD has over 25 million acres of land under its jurisdiction.

The Babauta administration has openly supported the military’s use of Farallon de Mendinilla for bombing exercises. Washington Rep. Pete A. Tenorio has also aired favor to the proposed measure pending before the U.S. Congress that seeks to grant the military exemptions to environmental laws.