Air Force F-35 fighter, scheduled to replace the Vermont Air National Guard’s F-16s. Credit: File
A federal judge has dismissed a lawsuit brought by opponents of the Air Force’s decision to bring a squadron of next-generation F-35 fighter jets to Burlington International Airport.

The 35-page decision by Judge Geoffrey Crawford, released Wednesday, removes one of the last major impediments to delivering 18 F-35s, which are larger and louder than the F-16s currently based at the airport, to the Vermont Air National Guard in 2019.

A group of Winooski and South Burlington residents, along with the city of Winooski, sued after the basing decision, arguing that the Air Force had failed to conduct a thorough review of the environmental impact of the F-35s. They asked Crawford to block the planes and order the Air Force to conduct a new review, known as an environmental impact statement (EIS).

But Crawford was not persuaded.
“It is clear that [the Air Force] took a ‘hard look’ at the environmental consequences of the basing decision, including the specific areas about which plaintiffs complain,” Crawford wrote. “It is also clear that the EIS process served its second purpose of generating public interest and examination of the agency’s decision-making process. The record demonstrates that a large number of Vermont residents turned out for meetings or sent in comments about the process.”

Currently, nearly 2,000 homes with more than 4,600 people — mostly in Winooski and South Burlington — are in zones with high levels of noise from the F-16s. The louder F-35s will increase the noise zones to affect nearly 3,000 homes with more than 6,600 people, attorneys said during a July court hearing.

While acknowledging the noise issue, Crawford said the Air Force had done its due diligence in examining the problem.

“The EIS documents the adverse environmental changes that basing the F-35 aircraft at VANG will bring to the surrounding community,” Crawford wrote. “These changes received thoughtful and detailed consideration. The agency’s decision to locate the aircraft at VANG reflects the tradeoffs between Defendant’s mission-driven needs and the interests of the community in limiting noise and other environmental impacts that are frequently present in major federal projects.” 

James Dumont, the Bristol attorney who represented the plaintiffs, did not immediately respond to a message seeking comment.

The F-35s will fly out of the Burlington International Airport nearly 5,500 times a year, Crawford wrote in his ruling. 


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Mark Davis was a Seven Days staff writer 2013-2018.

8 replies on “Judge Dismisses F-35 Lawsuit, Paving Way for Jets to Arrive”

  1. No planes, no peace. No peace, no planes. Pick a side, but stop the noise about it. The airport generates far more disturbance with ground operations and late night arrivals. Time to stop tweaking the bogey-man AF. If SB didn’t let them take down the homes then the sound wouldn’t be going out so far, and it seems the map of the latest noise contours doesn’t include Winooski at all in the main noise zones. Drop it Winooski and that one SB resident

  2. “The F-35’s will fly out of the Burlington International Airport, nearly 5,500 times a year…” I think it is a sad, sad day for the people of Winooski, South Burlington, Burlington and Williston who will be affected by the F-35’s loud, deafening noise, low dangerous flying maneuvers, environmental and health impacts and potential crashes. I am sure these neighborhoods will thank our representatives Leahy, Sanders, Welch, etc. who were instrumental in supporting and bringing these military planes to Burlington and now Judge Crawford WHO DO NOT LIVE IN THESE AREAS and therefore, will not experience these negative results. Again, a sad, sad day for the families and people whose voices and concerns were not heard or considered…

  3. Way to go VT! Way to favor an antiquated notion of modern warfare – the front line of the 21st Century will be waged digitally, not in the skies above! Way to line the pockets of Lockheed-Martin! Way to marginalize and displace thousands of Vermonters, mostly lower income minorities in Winooski! Way to pollute our air! Way to put VTANG jobs in jeopardy! VTANG stands to LOSE jobs when this fleet arrives! They should change their bumper stickers to “I love jet noise …and pink slips!”

  4. Here’s an example of Environmental Racism at work. So the affected areas will increase by approximately 50% with the F-35 arrival, mostly in low income, poorer areas. Perhaps if the F-35’s flight paths were over the Burlington Country Club/ Hill Section and Church Street Marketplace there might have been a different outcome….

  5. “now Judge Crawford WHO DO NOT LIVE IN THESE AREA”

    You are wrong. Judge Crawford lives in Burlington. He will hear these planes. But, hey, never let ignorance get in the way of a good, false accusation, right?

  6. I look forward to the F35’s and would like to thank the Judge for moving this along. I wish people who move here would educate themselves before buying a house. If you buy a house near an airport, guess what, you will get airport noise. If you buy your home near the Air National Guard, guess what? You get their noise. If you want peace and quiet move to the country. Get out of Chittenden County. Maybe you are the problem, did you ever think about that?

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