Lawsuit settled Published March 2, 2010 By 010310 EGLIN AIR FORCE BASE, Fla. -- The United States Air Force and the City of Valparaiso, Fla., have reached an agreement to resolve the City's lawsuit over the basing of the new F 35 Joint Strike Fighter at Eglin Air Force Base, Fla. Under the settlement, the Air Force will continue the National Environmental Policy Act (NEPA) process with the City's full participation and encouragement, including the preparation of a Supplemental Environmental Impact Statement. In that process, the Air Force has committed to evaluating alternatives, not previously evaluated, including the use of Duke Airfield and construction of a new runway(s) at Eglin Main, which, if selected, could avoid potentially adverse JSF related noise impacts on the City of Valparaiso and its residents. The Air Force has also agreed to provide a forum to address noise issues with the affected community. In addition, in the spirit of cooperation, the Air Force has agreed to pay $60,000 towards Valparaiso's litigation fees. According to Maj. Gen. C.R. Davis, Commander, Air Armament Center, "This is a win win for everyone involved, to include all of the Emerald Coast and is an example of our commitment and willingness to work with the surrounding communities. As we work together to beddown the F 35 and evaluate alternatives to operate the F 35, we will ensure we identify the best solution for the Air Force, Navy, Marine Corps, partner nations, and our close neighbors. We appreciate and understand the real concern on the part of the Valparaiso City Commission for the welfare of the citizens of Valparaiso regarding the potential JSF related noise impacts." "The City is encouraged by the Air Force's commitment to explore reasonable alternatives as part of the Air Force's Supplemental Environmental Impact Statement. The City looks forward to participating in that process. I anticipate continued cooperative relations with Eglin," said Mayor Bruce Arnold. The 2005 round of Base Realignments and Closures (BRAC) placed the Initial Joint Training Site (IJTS) for the F 35 at Eglin Air Force Base. In February 2009, the Air Force signed a Record of Decision (ROD) to base 59 F 35 fighters at Eglin as part of the IJTS. The Air Force issued the ROD after an Environmental Impact Statement (EIS) found that operation of the IJTS, as then proposed, would have significant noise impacts on the City of Valparaiso. The ROD acknowledged that additional study of the noise impacts associated with the IJTS would further the purposes of the NEPA and committed the Air Force to completing a supplemental EIS studying those impacts. The BRAC Statute requires any challenge to the EIS for a BRAC action to be brought within 60 days of a final decision. Thus, on March 29, 2009, the City of Valparaiso filed suit against the Air Force. Both Valparaiso and the Air Force sought a cooperative resolution of the litigation. The parties jointly requested the Court stay the litigation to allow them to explore a compromise agreement. After several months of negotiations, they resolved the suit. "This is great news," said Ms. Kathleen Ferguson, Air Force Deputy Assistant Secretary for Installations. "The Air Force is committed to an open and transparent process to address F 35 basing issues. We are working hard to ensure affected communities are involved, know what to expect and that they appreciate and are confident the Air Force is willing to listen to their concerns. I thank the City of Valparaiso for its commitment to work with us."