Legal battle to stop move of F-16 aircraft from Springfield continues      

Emergency appeal filed

[SEPT. 8, 2005]  CHICAGO -- Attorney General Lisa Madigan, on behalf of Gov. Rod R. Blagojevich, filed an emergency appeal Wednesday with the U.S. Court of Appeals for the Seventh Circuit. The filing in district court appealed a decision Tuesday that dismissed the governor's lawsuit to stop U.S. Secretary of Defense Donald Rumsfeld and the Defense Base Closure and Realignment Commission from moving F-16 aircraft from and otherwise realigning the 183rd Fighter Wing in Springfield.

The governor and attorney general have said that the Pentagon's May 13 recommendation, which the Base Closure and Realignment Commission also endorsed, violates federal law, which dictates that the governor must give his consent for this type of realignment. This latest legal action follows a lawsuit that was filed in federal court on July 21 seeking to block the Pentagon's initial recommendation.

"We will not be deterred in our mission to ensure the safety and security of Illinois and the rest of our country, because we have the facts and common sense on our side," Blagojevich said. "Not only is this recommendation illegal and a waste of $10 million, but taking these F-16s out of Springfield will compromise our national and homeland security at a time when this is supposed to be America's top priority. This is a completely indefensible decision that the Pentagon and the BRAC Commission has never and will never be able to justify."

"The 183rd Fighter Wing may currently be the focus of a complicated court battle, but we cannot lose sight of its critical importance to the everyday safety and security of Illinois and the nation," Madigan said. "I am filing this emergency appeal on behalf of the governor because he has not consented to the effective elimination of the 183rd Fighter Wing and, without his consent, BRAC's recommendation is unlawful."

Legal counsel for the commission recently issued a memo in which he fully agreed with the legal arguments that Blagojevich and Madigan have been making all along. BRAC Deputy General Counsel Dan Cowhig wrote that no change in the organizational structure of an Air National Guard unit can take place without the consent of the state's governor.

In Connecticut, a federal judge agreed to issue a preliminary injunction on the recommendation to move or retire planes from a fighter wing there. And in Pennsylvania, a judge agreed with the governor that the military needs his permission to dissolve an Air Guard unit.

The Springfield Air National Guard Base offers unique military training opportunities that are second to none and a highly strategic location for homeland security missions for both Illinois and the entire Midwest. Illinois is also home to 11 nuclear power plants that provide 50 percent of the state's power generation. Further, Illinois has 28 locks and dams on the Illinois, Mississippi and Ohio rivers. If the commission's recommendations are adopted, these vital assets, and many others, will be at greater risk without the F-16s in Springfield. This would also leave Illinois with only two Air National Guard flying units, which is the same number as several states with much smaller populations, including Alaska, Arkansas and Hawaii.

The Air Force's own analysis also shows that taking the F-16s out of Springfield will actually cost the taxpayers $10 million and will never produce any savings.

The governor has been leading a coordinated effort for nearly three years with the Illinois congressional delegation, other elected officials and local leaders to prevent Illinois' military bases from ending up on the BRAC list. He consistently has stressed that these actions are a threat to our national and homeland security and are not cost-effective.

The commission must publicly release its final BRAC report by today (Thursday) and will send it to President Bush. The president has until Sept. 23 to approve or disapprove the list. By Nov. 7 the BRAC list must then be sent to Congress, which must also approve or disapprove the list.

[News release from the governor's office]