Environmentalists Declare Victory In Fight To Save Plum Island

SOUTHOLD, NY — Environmentalists have declared a victory in the ongoing war to stop the sale of Plum Island.

On Jan. 11, a federal district court judge ruled that a lawsuit brought by environmentalists over the federal government’s handling of the potential sale of Plum Island could move forward.

Connecticut Fund for the Environment/Save the Sound and 6 other organizations and individuals filed suit against the Department of Homeland Security and General Services Administration in July, 2016, arguing the agencies violated provisions of the National Environmental Protection Act, Endangered Species Act, Coastal Zone Management Act, and other federal laws "in their pursuit of auctioning the federally-owned island to the highest bidder by failing to adequately consider the environmental impact of such a sale," a release said.

Homeland Security and GSA served a motion to dismiss in Feb., 2017.

Judge Denis Hurley of the Eastern District of New York ruled that the plaintiffs have standing and rejected each of the agencies’ arguments.

“This is a very well-written decision that denies the government’s motion to dismiss in its entirety,” said Roger Reynolds, chief legal officer for CFE/Save the Sound. “We’ll now have the opportunity to present our full case to the court and ask that the sale of the island be halted until the agencies complete a proper environmental review in accordance with federal law.”

“We’re incredibly pleased with the outcome and look forward to litigating the merits of this matter to ensure that this unique pristine natural environment is properly preserved,” said attorney Cameron Tepfer on behalf of Morrison & Foerster LLP, representing the plaintiffs.

"The success is the achievement of a group that's deeply committed to the future of the island and the protection of its stunning ecosystems. They should be applauded for this victory and thanked for their efforts on behalf of this community," Southold Town Supervisor Scott Russell said.

In addition to CFE/Save the Sound, the suit was brought by Soundkeeper, Inc., Peconic Baykeeper, Group for the East End, Ruth Ann Bramson, John Potter, and John Turner.

The decision cited the allegations in the complaint that Plum Island, an 840-acre island in the eastern end of Long Island Sound, provides a habitat for federally endangered and threatened flora and fauna including roseate tern and piping plover, environmentalists said.

Marine life including Atlantic hawksbill sea turtles, Kemps Ridley sea turtles, and Atlantic sturgeon populate the waters surrounding the island; Plum Island features the largest seal haul-out area in southern new England, the suit states.

The decision also included a reference to a letter from the Environmental Protection Agency stating that the FEIS failed to consider an ordinance to create a conservation area to limit development and preserve “much of the island,” and did not offer options that EPA had recommended to mitigate environmental damage.

The suit brought about by the environmental agencies said that the final environmental impact statement from the federal agencies violates multiple federal environmental laws — and sought an injunction against selling the island until an adequate FEIS has been completed.

In its motion to dismiss, Homeland Security and the GSA argued that the claim was not ready for review because the agency could do further studies; plaintiffs were not injured; and the court should not consider the claim because it could become moot, the release said.

The court rejected the arguments and found "the case was properly ripe because the government had issued its FEIS and record of decision; the plaintiffs and organizations would be harmed by the incomplete environmental review because of their interests in the island’s environmental resources; and the court would hear the matter because there was no guarantee that the government would resolve plaintiffs’ complaints without the court’s intervention," the release said.

Locally, East End environmental organizations applauded the news.

“Judge Hurley’s decision is an early and important victory for everyone who believes Plum Island is a critical part of our nation' natural heritage that should not be auctioned off like a piece of meat to the highest bidder,” said Bob DeLuca, president of Group for the East End. “This ruling is also a victory for due process in supporting the rights of individual citizens and conservation organizations to challenge the actions of government bureaucrats when those actions fail to follow the specific requirements of environmental law.”

Rep. Lee Zeldin, who has fought to put the brakes on the sale, also spoke out after the news: “Plum Island is beloved by our local community with 90% of the land sheltered from development. Plum Island offers Long Island a diverse wildlife and ecosystem and a critical habitat for migratory birds, marine mammals, and rare plants," he said.

Plum Island is also an essential cultural and historical resource with history dating back to the 1700s, the added.

"The current law, which mandates the sale of the island to the highest bidder, is the wrong path forward, because it does not provide for public access and permanent preservation of the island, or the continued use of the research infrastructure," Zeldin said. "The state of the art research facility at Plum Island must not go to waste, and preserving this island’s natural beauty while maintaining a research mission will continue to provide important economic and environmental benefits to Long Island."

In July 2017, the House of Representatives passed Zeldin’s legislation, the Plum Island Preservation Act, commissioning the Government Accountability Office, along with the Department of Homeland Security, to formulate a comprehensive plan for the future of the island. The legislation spotlights a focus on conservation, education, and research and include alternative uses for the island including a transfer of ownership to another federal agency, the state or local government, a nonprofit, or a possible combination.

Effort have been ongoing on the local level to protect Plum Island, as well.

The Southold Town board new zoning unanimously in August, 2013, to protect it from development.

Southold's zoning plan for the island calls for a 125-acre Plum Island research district, which would comprise 20 percent of the island, and a 350-acre Plum Island conservation district, that would make up the remaining 80 percent, which would be a natural preserve.

The goal was to create some kind of research facility that could possibly keep the 400 year-round jobs that currently exist on Plum Island in town.

At an earlier press event, Russell said when the potential sale was first discussed, Suffolk County Legilsator Al Krupski, who was then a councilman on the Southold town board, said there was an urgency to create zoning on Plum Island, and get it done expeditiously.

At first, Russell said, he wondered who would be "crazy" enough to want to develop Plum Island — and then he got a call from Donald Trump.

Russell thanked Zeldin for support on the national level. "Zoning is the last line of defense," he said. "Not the first line."

Patch photo courtesy of Robert Lorenz.