2000 CPEO Military List Archive

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

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