From: | hdqrs@worldnet.att.net |
Date: | Mon, 3 Apr 2000 13:20:26 -0700 (PDT) |
Reply: | cpeo-military |
Subject: | [CPEO-MEF] SFAAP: CITIZENS' GROUP SUES GSA TO FORCE EIS ON SUNFLOWER TRANSFER |
CITIZENS' GROUP SUES GSA TO FORCE EIS ON SUNFLOWER TRANSFER March 30, 2000 Taxpayers Opposed to Oz, Inc. ("TOTO") filed suit in federal court today against the U.S. General Services Administration ("GSA") demanding that GSA conduct an environmental impact statement ("EIS") prior to transferring the Sunflower Flower Army Ammunition Plant from exclusive federal jurisdiction. TOTO is an association of concerned citizens and neighbors of Sunflower, which is located near DeSoto, Johnson County, Kansas. GSA has been conducting private negotiations with the state of Kansas and Oz Entertainment Company ("Oz") since 1998 to transfer the 9,065-acre, heavily contaminated site to Oz developers in exchange for "assurances" that Oz would clean up the pollution. Oz intends to build a "Wonderful World of Oz" theme park/entertainment complex at the site. "This is the classic backroom deal - one that should not be tolerated in this day and age," said Bill Sheldon, President of TOTO. TOTO's lawsuit, filed by The Session Law Firm, alleges GSA violated the National Environmental Policy Act ("NEPA") and the National Historic Preservation Act ("NHPA"). It demands that GSA live up to its legal obligations to consider the full effects of its proposed transfer on the environment and cultural resources. "GSA is illegally pushing this transfer through to accommodate Oz's development schedule, and leaving the public to guess about whether contamination at the site will be adequately cleaned up," says Sheldon. NEPA requires that federal agencies take a "hard look" at the effects of their actions on environmental and other cultural resources. Agencies are required to conduct an EIS for all actions that "may" significantly effect the quality of the human environment. NHPA requires federal agencies to consider the effect of their actions on historic properties, and resolve adverse effects through consultation. Historic properties include, among other things, archaeological sites, historic trails, landscapes, townsites, homesteads, and traditional cultural places. TOTO claims the proposed transfer requires an EIS under NEPA, and that GSA did not do enough to identify and protect historic properties under the NHPA. GSA did conduct an environmental assessment ("EA"), but issued a finding of no significant impact ("FONSI"). Two experts agree with TOTO that GSA's EA and FONSI are woefully inadequate, and are consulting with The Session Law Firm in support of TOTO's lawsuit. Professor Mike Axline is the Litigation Director for the Western Environmental Law Center in Eugene, Oregon and is a Professor of Law at the University of Oregon School of Law. Prof. Axline is one of the leading environmental attorneys in the United States and has litigated some of the most important precedent-setting NEPA cases, including the spotted owl case. He is the author of many articles as well as the textbook, Environmental Citizen Suits. "The GSA has an obligation to acknowledge and consider the uses to which this land will be put, and to consider the risks of relying on third parties to clean up the government's mess," said Axline. "The GSA has not met that obligation." Dr. Thomas F. King is a nationally recognized expert in federal cultural resource management with more than 25 years of experience. He teaches regularly on NEPA and the NHPA for a wide variety of federal agencies, Indian tribes and organizations in the private sector. Dr. King is the author of many works, including the very recent Federal Planning and Historic Places: The Section 106 Process. In fact, Dr. King was formerly an "Expert Consultant" for the GSA, and was the primary author of GSA's revised NEPA procedures and heavily involved in GSA's NHPA compliance program. Dr. King's knowledge and experience with how GSA's NEPA procedures and NHPA compliance program are supposed to work stand in stark contrast to GSA's handling of the Sunflower transfer. ADDITIONAL INFORMATION For additional information regarding the nature and background of TOTO's lawsuit against GSA please contact: The Session Law Firm William T. Session Andrew J. Bailey 2600 Grand Blvd., Suite 440 Kansas City, MO 64108 Tel: 816-842-4949 Fax: 816-842-1815 Bill Sheldon Taxpayers Opposed To Oz 913-856-5295 bsks@unicom.net=20 United States District Court for the District of Kansas docket information: 1-800-676-6856 case number: 00-2136-CM Tax deductible donations to fund the legal action by TOTO can be sent to: TOTO Box 245 DeSoto, Kansas 66018 You can find archived listserve messages on the CPEO website at http://www.cpeo.org/lists/index.html. If this email has been forwarded to you and you'd like to subscribe, please send a message to: cpeo-military-subscribe@igc.topica.com ________________________________________________________________________ Start an Email List For Free at Topica. http://www.topica.com/register | |
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