Contact Information

  • Maj. Phil Osterlie, Washington Military Department, (253) 512-8481

Gov. Gregoire applauds most BRAC recommendations but files suit over Air National Guard planes

For Immediate Release: September 7, 2005

OLYMPIA - Sept. 7, 2005 - Gov. Christine Gregoire today applauded most Washington state recommendations by the Base Realignment and Closure Commission (BRAC) but filed suit over Air National Guard aircraft.

�The State of Washington is a critical contributor to America�s global reach and global military power,� said Gov. Gregoire. �We are pleased that following our work with BRAC the Department of Defense and the BRAC Commission have recognized Washington�s strategic importance by protecting nearly all the modern facilities and military units currently based in our state as well as those that will be coming to Washington as a result of BRAC realignment actions in other states.�

Homeland defense, homeland security and disaster response are shared responsibilities of the states and the federal government. Washington is a strategic training and staging area, what the military calls a �power projection platform,� for all of the uniformed military services including defense, security or disaster response. Hurricane Katrina is a demonstration of how critical the state�s participation is in disaster response. Washington state has provided air transport, coordination and maintenance support to relief efforts.

The governor noted that the state provides the social, economic, land management and government structure to support the military�s domestic and international missions. The state stands ready to do even more - to welcome and serve as a host for additional federal military force structure.

The State of Washington is also responsible for protecting its own citizens, physical infrastructure, environment and economy from terrorist attacks and natural disasters. To that end, the governor has extraordinary emergency powers that enable her to protect the citizens of our state as well as other states requiring interstate assistance.

The Washington Air National Guard�s KC-135 cargo/aerial refueling aircraft are currently flying emergency supplies to the victims of Hurricane Katrina. These missions are being flown at the direction of the governor in furtherance of direct state-to-state support under the national Emergency Management Assistance Compact (EMAC). With unit equipped Air National Guard aircraft, when the governor calls, engines spring to life and aircraft take flight. The governor particularly relies on these aircraft to fight wildfires.

In order to protect the citizens of Washington and other supported states, the Governor needs direct and immediate access to unit-assigned aircraft of the Washington Air National Guard. Maj. Gen. Timothy Lowenberg, director of Washington�s military department notes that Air Force representatives testified under oath at two different hearings that they did not coordinate with the Department of Homeland Security in preparing the Air Force recommendations.

Preserving the governor�s emergency access to these aircraft is at the heart of the state�s only objection to the BRAC process. The Department of Defense has proposed taking these aircraft away from the state of Washington without consultation and without the consent of the governor.

Today the governor filed a civil lawsuit against Secretary of Defense Donald Rumsfeld and members of the BRAC Commission in Federal District Court. The complaint alleges that the Department of Defense exceeded federal statutory authority, violated federal statutes and violated the federal constitution by attempting to take actions without consent of governor. The constitutional challenge is based on the second amendment which guarantees the state�s right to maintain a well-regulated militia.

�Particularly after watching the devastating events in the Gulf Coast region, I know that to effectively ensure Washington�s safety and security I need the support of the Washington National Guard and their aircraft,� said the governor. �In the event of a major disaster, we can not afford to wait for federal action.�

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