Repost from stop the f35 website
Fri, 09/14/2012 – 12:51pm — odmin
Dear Fellow Vermonter,
Now is the time for action.
We, the members of the stop the F-35 coalition, are preparing a
two-pronged legal challenge to the basing of the F-35 in Vermont. This
legal challenge comes in addition to our campaign of education and
visible public action.
We are gearing up for legal action now because the Air Force recently
indicated that the Final Draft of the Environmental Impact Statement on
this matter will issue in the next four to eight weeks and that final
draft will include its final decision on basing.
We are asking everyone on this list to join in these two legal efforts
now. Large numbers of people joining this legal initiative could help
influence the Air Force to decide against basing the F-35 in Burlington.
The two legal actions are beginning immediately by our experienced and
well respected attorney, Jim Dumont:
- a request for public records on the F-35 from the City of Burlington
(the landlord of the Air base). The request will put the City of
Burlington on notice that the City can be held liable for damages to
health, hearing, home value, and nuisance to thousands of homeowners
and renters caused by the noise its tenant at the airport–the Air
Force–generates. The enormous liability to which the City of
Burlington may be held for these damages may encourage the City to
tell its tenant at the Airport that bringing the F-35, an aircraft
that is more than four times louder than the F-16, is unacceptable
and to find an alternate mission. Jim Dumont sent letters requesting
the public records to a Burlington City Attorney and to the Airport
Director of Planning and Development on September 13, 2012.
- Preparing challenges to the F-35 through the local permitting
process, including under Act 250 and local zoning laws, and under
the National Environmental Policy Act. These challenges, if
successful, could put a stop to any plan for basing the F-35 in
We have made arrangement with attorney Jim Dumont to initiate these two
legal challenges immediately. We urge you to add your name in support of
these two efforts by becoming a client of Jim’s now. The client agreement
is online at http://stopthef35.com/sites/default/files/Stop_the_F-35_Coalition_Retain….
We view the legal challenges as one of the ways to demonstrate broad
public opposition to basing the F-35 in the most densely populated part
of Vermont. We want hundreds of people to participate. That is why we
are making participation in these legal actions as easy as possible. The
key is large numbers of people, and if large numbers participate, we
will make an impact on the thinking of city officials, our Governor, our
Congressional delegation, and the Air Force.
How Much Will You have to Pay? As provided in the client
agreement at http://stopthef35.com/sites/default/files/Stop_the_F-35_Coalition_Retain…
, you can add your name to these two legal actions at no cost
to you. See below for how we are raising funds to cover attorney Jim
Dumont’s reduced legal fee and costs he may incur.
Will you be held liable for legal fees or costs? No
Who Can Participate? If you are a homeowner or a renter in South
Burlington, Winooski, Burlington, Colchester or Williston (or anywhere
else in Vermont); if you feel that your home or your community is at
risk; or if you feel that the noise impacts of the F-35 should be
subject to local and state level review, we strongly urge you to sign on
as a client of Attorney Jim Dumont, who is pursuing this action.
Is there Risk? While there is, of course, always some risk, the two
kinds of actions envisioned, requesting public records and participating
in local permitting through Act 250 and local zoning and
participating in hearings under the National Environmental Policy Act to
stop the F-35, involve low risk of countersuit.
Strategy to raise the money to pay legal fees and costs: The key to
effective legal action–at reasonable cost to each person–is having
large numbers of people participating. Thousands of people and homes are
at risk in Winooski, South Burlington, Burlington, Williston, and
Colchester. We expect that if large numbers of people participate and
each participant donates whatever amount he or she can, such as $25, we
can raise enough to cover legal fees. With large numbers, each
participant will receive expert legal representation to stop the F-35,
and the money raised from voluntary contributions will be enough to
cover legal fees. Please make your contribution by sending a check made out to “Stop the F-35 Coalition” to
our treasurer, Roger Bourassa, 93 Hannah’s Place, Colchester, VT 05446.
Please review the client agreement at http://stopthef35.com/sites/default/files/Stop_the_F-35_Coalition_Retain…, spread the word to let your
neighbors know about this, and contribute whatever you can. Please follow
the instructions in the client agreement to sign on to the suit.
If you have questions or comments, please contact us. Thanks very
The Legal Committe of the Stop the F35 Coalition:
James Marc Leas, Richard Joseph