Full opinion text
FINDINGS OF FACT HART, District Judge. 1. This action was filed on August 5, 1974, as a suit for declaratory judgment and injunctive relief by five organizations and two individual plaintiffs against James R. Schlesinger, individually and as Secretary of Defense, and J. William Middendorf II, individually and as Secretary of the Navy. 2. The action alleges defendants’ failure to comply with the requirements of the National Environmental Policy Act, P.L. 91-190, 83 Stat. 852, 42 U.S.C. § 4321 et seq. (hereinafter “NEPA”), as well as other federal statutes and regulations with respect to the development of the Navy’s “Trident System.” 3. Plaintiff, Concerned About Trident (CAT), is a non-profit corporation, formed with the purpose of taking any and all action, including the initiation of this lawsuit, necessary to prevent construction and operation of the proposed Trident support base at Bangor, Washington. Concerned About Trident has approximately 400 members, about 145 of whom live in Kitsap County, Washington. CAT’s activities have related primarily to the determination of defendants to place the dedicated site for the Trident Program at Bangor, Washington. Those activities included testimony and written comments before the Department of the Navy (“Navy”) at hearings on the Trident Draft Environmental Impact Statement (“DEIS”), written comments on the DEIS, and providing speakers at various meetings of church, civic and environmental organizations. 4. Plaintiff, Hood Canal Environmental Council (HCEC), is a non-profit corporation formed in 1969 and interested in proper management of the natural resources of the Hood Canal and surrounding area. The Council has approximately 325 members, 165 of whom live in Kitsap County. HCEC activities include the advocacy, development and implementation of environmental planning for the Hood Canal and adjacent land areas. HCEC’s activities have included study and analysis of the environmental and other effects of the decision to locate the dedicated site for the Trident System at Bangor. Those activities include testimony and written comments before the Department of the Navy at hearings on the DEIS, written comments on the DEIS and providing speakers at various meetings of church, civic and conservation organizations. 5. Plaintiff, Friends of the Earth (FOE), is a non-profit corporation organized in 1969 for the conservation and protection of the natural resources of the United States. FOE has more than 20,000 members throughout the United States, 36 of whom live in Kitsap County. FOE’s activities have included study of the environmental effects of the decision to locate the dedicated site for the Trident System at Bangor. These activities include testimony and written comments before the Department of the Navy at hearings on the DEIS, written comments on the DEIS, and providing speakers at various meetings of church, civic and environmental organizations. 6. Plaintiff, Washington Environmental Council (WEC), is a non-profit organization incorporated in 1969 with the purpose of securing environmental planning for the State of Washington. It has about 1,000 individual members, of whom about 50 live in Kitsap County, and about 60 corporate members, including CAT and HCEC. WEC’s primary activities include the taking of all steps necessary and proper to secure environmental statewide planning for the State of Washington. WEC also undertakes limited environmental planning activities outside the State of Washington. 7. Plaintiff, The Wilderness Society, is a national conservation society that was formed in 1935 for the conservation and protection of American wilderness. It currently has about 70,000 members of whom approximately 750 live in Washington and 65 live in Kitsap County. 8. Plaintiff Walter Heller owns land in Kitsap County along the Hood Canal in the vicinity of the Bangor Annex in which he lives part-time. Plaintiff Max Starcevich lives in property owned by his wife in Kitsap County along the Hood Canal. 9. Defendant James R. Schlesinger, presently is and was Secretary of Defense and an officer of the United States at the time this action was filed. As such, he exercises administrative supervision over the entire Department of Defense, including the Department of the Navy, its officers, agents and employees. 10. Defendant J. William Middendorf II, presently is and was Secretary of the Navy when this action was filed and is responsible to the Secretary of Defense for the conduct of the official business of the Department of the Navy. 11. Defendant-Intervenor Pacific Legal Foundation is a non-profit legal corporation duly organized and existing under the laws of the State of California for the purpose of engaging in matters affecting the public interest. 12. Defendants have determined to locate the Support Site for the Trident Program at Bangor, Washington. This site, described throughout these Findings as the dedicated site, occupies approximately 7,000 acres on the Hood Canal in the Puget Sound Basin, Kitsap County, in the State of Washington. The facilities required by this site include buildings, piers, transportation, communications, power and water supply systems, and waste disposal systems. During its operation, the site will directly employ no less than 4,400 military personnel and 3,500 civilians. Placement of the site at Bangor will result in an increase of approximately 30,000 persons to the present population of Kitsap County and surrounding areas. 13. Kitsap County is situated on the Kitsap Peninsula in the Puget Sound Basin. The County is set between the Olympic and Cascade Mountain Ranges in northwestern Washington. The County, as of 1970, had a population of approximately 102,000, with a population density of 259 persons per square mile. The County, except for one small city, Bremerton, can be characterized as semi-rural. 14. The general comprehensive development plan currently utilized by the County reflects a general policy to direct growth to areas adjacent to the existing urban centers while maintaining the primarily semi-rural character of Kitsap County. 15. Kitsap County is bounded on the west by the Hood Canal. The Hood Canal is a salt water body, on the west shore of which are the Olympic Peninsula and the Olympic Mountains. The mountains rise precipitously to their summits from the shores of the Canal. The natural beauty of Kitsap County has been throughout its history and is now a significant factor in the shaping of the lives and life styles of people residing in it. Many of the total number of people residing in Kitsap County have gone there because of the unique location and natural beauty of the County and the life style which stems therefrom. 16. In or about 1960, the Navy commenced deployment of a Nuclear Submarine Launch Ballistic Missile System, denominated the Polaris System, which consisted of the Polaris submarine and various, missiles used in conjunction with the vessel. 17. Subsequently, defendants developed the Poseidon missile for use with the Polaris submarine. As of mid-1973, the Polaris/Poseidon System consisted of 41 nuclear powered submarines, each containing 16 missiles. 18. Beginning in 1966, the Secretary of Defense initiated a top-secret study known as STRAT-X, which was designed to investigate strategic weapon systems which could form the basis for the nation’s defense against nuclear attack during the late 1970’s and beyond. The Study was tasked with evaluating not only the offensive capability of oúr own nuclear forces, but also with anticipating their vulnerability to possible or projected Soviet weapon systems. The candidate systems which were examined and therefore might be interpreted as being in competition with each other included long-range bombers, hardened silo-based intercontinental ballistic missiles, mobile land-based missiles, and ship or submarine-launched ballistic missiles. STRAT-X concluded that, were either the current land-based Minuteman ballistic-missile system or the submarine-based Poseidon ballistic-missile system to be replaced, then a hardened silo-based missile system was preferable to a mobile land-based system, and a new submarine-launched ballistic-missile system was recommended over a ship-based system. These recommendations were made in the STRAT-X Study Report, dated August, 1967. 19. In February, 1968, the Deputy Chief of Naval Operations established an Advanced Development Objective (ADO) ordering research and development to begin on an Undersea Long-Range Missile System (ULMS), which was the initial name for the Trident System, according to concepts established by the STRAT-X study. Trident development was established in order for the United States to maintain the superiority and survivability of its sea-based nuclear deterrent force in the face of anticipated Soviet anti-submarine warfare improvements over the next few decades. 20. The ADO established certain strategic design characteristics that would be required for the Trident program, as determined by the STRAT-X study. Enclosure 2 to the ADO indicates that survivability was a vital factor in the selection of the Trident System. To achieve this survivability, the’ system incorporated the use of a complete logistical support/refit facility capable of performing all repairs and weapon and consumable replenishment. This facility has also been termed “dedicated base.” Home-porting of the submarine within the territorial United States was also established. The system design would be significantly influenced by the degree of reliability and maintainability attainable for the system components. The ADO contemplated Contract Definition (CD) in FY 1971 and . an Initial Operating Capability (IOC) of late FY 1976, with flexibility, should the threat dictate, to accelerate to a CD of FY 1970 and an IOC of FY 1975. 21. During the period from 1968-1972, the Navy conducted numerous studies of possible configurations of the Trident submarine and established the preliminary characteristics of the different Trident components. A Trident steering group was set up to facilitate decisions regarding the system’s characteristics and its operating rationale. This steering group was composed of the most senior levels in the Navy, including the Chief of Naval Operations, then Under-Secretary (later Secretary) of the Navy John Warner, and Admiral Rickover. During 1970-71, the Office of the Trident Program Coordinator (OP-21) was established under the Chief of Naval Operations with the responsibility of establishing the desired characteristics of the Trident System, and the Office of Trident Project Manager (PM-2) was formed under the Chief of Naval Material, with responsibility for acquisition of the entire Trident system. 22. In 1969, the Secretary of Defense requested that the Navy study alternative means of supporting the Trident System to increase its reliability, survivability, and cost-effectiveness. Planning for the study was initiated, resulting in completion of a proposal for the study in June, 1970. The study, called the Trident Site Selection Study, commenced during September, 1970, and began with consideration of 89 potential sites in the Atlantic and Pacific Oceans and the Gulf of Mexico. One requisite for the site, as established by the ADO, was that it be on United States territory. Other considerations were the operational requirements of the submarine, the capability of the base to support the Trident missile, minimization of environmental disturbance and availability of sufficient land. This study was under the Trident Project Manager. 23. Commencing in late 1970, there were a number of highly classified studies done under the Trident Program Coordinator that involved such areas as targeting, range of missiles, threats from anti-submarine warfare, and the potential operating area. 24. The design concept for the Trident submarine and missiles is generally as follows: (a) 24 vertical launch tubes penetrating the main pressure hull (instead of the 16 tubes in current Polaris/Poseidon hulls); (b) a larger nuclear power plant permitting the submarine to operate in larger ocean areas and to undertake longer patrols, with the goals of frustrating ASW (Anti Submarine Warfare) measures of assumed adversaries and allowing the submarine to be based at U.S. ports, thereby eliminating the need for foreign port facilities and forward based submarine tenders. (c) a very quiet-running propulsion system, in order to make detection more difficult; (d) a larger, longer-range missile with various features designed to make it very difficult for ABM’s to shoot it down. 25. In September of 1970, preliminary refit facilities studies were initiated by defendants for the purpose of determining suitable Atlantic and Pacific locations for the sites to support the Trident System and to provide cost estimates for those sites. 26. Congress appropriated for fiscal year 1970 ten million dollars for research and development of the Trident Program. 27. On September 14, 1971, Deputy Secretary of Defense David Packard directed the Navy to commence engineering development of the Trident submarine and scheduled its deployment for 1981. 28. On November 1, 1971, Secretary of Defense Melvin R. Laird directed further study by the Navy of alternative sea-based strategic systems. 29. Congress appropriated 43.7 million dollars for research, development, test and evaluation of the Trident Program for fiscal year 1971. 30. The Navy’s “Trident System” is a further development of the presently deployed Polaris/Poseidon nuclear-powered ballistic-missile submarines, which are a key element of the strategic deterrent force of the United States. The Trident System provides a long-range program for modernization and orderly replacement of the Polaris/Poseidon fleet. 31. The Trident undersea nuclear weapons system is composed of a number of individual components. First, the Trident submarine, a third-generation, nuclear-powered, ballistic-missile firing submarine (SSBN), which will not differ significantly in appearance from existing Polaris/Poseidon SSBN's, but will include important technological improvements. The improvements result in quieter operation, improved efficiency, easier maintenance, and greatly improved survivability in the face of an enemy anti-submarine warfare threat. First, each Trident submarine will be capable of carrying 24 intercontinental ballistic missiles, 8 more than Polaris/Poseidon submarines. Each vessel will be 560 feet in length, 135 feet longer than the largest Polaris/Poseidon. Second, the Trident submarine will initially carry the 4,000 mile range Trident I(C-4) missile, which provides significantly improved range over the 2,500 mile Poseidon missile currently deployed. Third, the larger Trident II(3D—5) missile, which will be deployed in Trident submarines during the mid-1980’s will have a further increased range and payload capability. With each of these longer range missiles, Trident will have millions of square miles of ocean in which to maneuver while remaining on target. This extended range is a particular advantage of Trident. Not only will Trident missiles be capable of reaching enemy targets from patrol areas over ten times the total available to today’s SSBN’s, thus obviating the need for expensive overseas ports for Trident submarines, but Trident will also confront potential enemies with the need for large, extremely expensive anti-submarine warfare (ASW) forces. Trident’s increased range allows the selection of patrol areas to take advantage of seasonal storms or the wide variety of ocean-produced sounds to blunt the detection efforts of improved acoustic sensors which potential enemies may develop. Fourth, all 10 Trident submarines will be home-based at a site dedicated solely to their support located at the Navy’s Bangor Annex, in Bangor, Washington. 32. The United States currently has a nuclear deterrent force of 41 Polaris ballistic-missile submarines (10 of which carry the short range Polaris Missile and 31 of which are Polaris/Poseidon, i. e., fitted with Poseidon ballistic missiles). All of these submarines were constructed over a 7-year period, between 1960 and 1967, with as many as 13 being built in one year alone (1964). 33. The nation’s Polaris submarines have a designed life-span of approximately 20 years. Those submarines fitted with Poseidon missiles are assumed to last somewhat longer, and have an anticipated maximum effective life as an effective deterrent of 25 years. 34. To maintain an effective system and avoid a reduction in our ballistic-missile submarine force, a proven replacement must be available by 1980. Replacement is necessary since the Polaris/Poseidon submarines were laid down with the technology of the 1950s, and, as ships age, they become more ineffective, inefficient, and dangerous. Time for repair increases dramatically, with some recent overhauls of Polaris submarines lasting five times as long as originally planned. 35. There is a program to back-fit Trident I missiles into 10 of the Polaris/Poseidon submarines, commencing in 1979, with completion scheduled for 1982. This will provide increased missile range for these 10 ships, and, by increasing their possible area of operation in the Atlantic Ocean, they will have increased survivability until they can be replaced by an adequately modern submarine force. This system is not a realistic alternative to the Trident. The United States cannot meet anticipated enemy ASW challenges through the beginning of the 21st Century by backfitting technologically new equipment into old submarines which will soon reach the end of their assumed life expectancy (the newest Polaris/Poseidon submarine will reach its anticipated retirement age in 1992), nor can new submarines be built along operationally outmoded designs. The growth potential remaining in present-day SSBN’s provides only for modest improvements in quietness, sonar and missiles. Department of Defense officials have testified before Congress that significant noise reductions in submarine performance are necessary to maintain a lead against anticipated Soviet acoustic detection improvements. These noise reductions, which have now been technologically perfected, are possible only through development of a newly designed submarine. They cannot be backfitted into existing submarines, nor can newer built Polaris/Poseidon submarines accommodate the D-5 missile. 36. “SSBN-X” is an acronym standing for an experimental nuclear-powered ballistic missile submarine which the Department of Defense proposed as a research and development project to the Congress during early 1974. Funding of this project was not approved and it was cancelled by the Department of Defense in mid-1974. SSBN-X has never been envisioned as an alternative to the proposed 10-ship Trident submarine fleet, but rather as a follow-on less capable complement to Trident. 37. A dedicated site is one at which all tasks necessary for maintenance, repair and support of the submarine can be accomplished. This concept was adapted from the practice then in use at overseas bases. Since 1960, Polaris submarines have been supported at bases in Guam, Marianas Islands, Holy Loch, Scotland, and Rota, Spain, with ships and facilities maintained at those bases solely for that purpose. 38. A dedicated site is essential for the achievement of the objectives of the Trident System including the main objectives of survivability. The Trident System has a survivability advantage over land-based systems only while the submarines are at sea, so the Trident system objective was to obtain the longest patrol period and shortest refit period possible. The goal set up in the STRAT-X Study for ULMS was an 80% at-sea time, as contrasted with a 50% at-sea time presently realized by the Polaris/Poseidon system. A dedicated site will make the system more cost-effective, maximize the deterrent capability of the system by maximizing the time at sea, insure high survivability of the submarines due to short refit cycles, increase crew morale, and avoid degradation of the missiles with associated reduction in reliability and increased explosion hazard. 39. Due to the shortness of range of the Polaris/Poseidon ships and missiles, forward basing in other countries is necessary. This results in problems in terms of our foreign relations with other countries, including but not limited to those in which the bases are located. Homeporting of the Trident within the territorial United States is necessary to avoid these problems, and is made possible by the greater design range of the Trident missiles and submarines. Homeporting Trident in the United States will also simplify logistics, improve crew morale, and maximize the time the ship will be at sea. Transit times to patrol areas are also avoided; missiles can be “on target” immediately after leaving the port. 40. . The strategic deterrent forces of the United States are made up of three different elements: land-based intercontinental ballistic missiles, long-ranged manned bombers, and submarine launched ballistic missiles. Each of these deterrent force elements is necessary for the maintenance of a stable balance of deterrents. 41. Recent developments which enhance the accuracy of weapon delivery systems have generated concern about the increased vulnerability of the land-based strategic systems. Currently, defense establishments for both superpowers are tending toward increasing the sea-based portions of their deterrent since these are less vulnerable. 42. A stable balance of deterrents between superpowers is deemed imperative if world peace is to be maintained and the relative vulnerability of the deterrent forces of each power is an important element in assessment of stability. The greater the vulnerability of a given side’s forces, the greater the likelihood that a preemptive first strike will be launched by the other side during a time of severe political tension. 43. On December 14, 1972, the Trident System was approved for inclusion in the Top National Category of the Master Urgency List, designated “BRICK-BAT.” Brickbat is the highest priority category in the nation for procurement of materials critical to a project. The only other strategic weapons system currently accorded this priority are Poseidon and the Minuteman III missile. 44. On May 26, 1972, representatives of the United States and the Soviet Union reached an interim agreement limiting the number of strategic offensive weapons held by each country, including the number of submarine-launched ballistic-missile (SLBM) launchers and modern ballistic-missile submarines (Interim Agreement Between the United States of America and the Union of Soviet Socialistic Republics on Certain Measures With Respect to the Limitation of Strategic Offense Arms, May 26, 1972, T.I.A.S. 7504). The accompanying Protocol specified that the United States may have no more than 710 ballistic-missiles launchers on submarines and no more than 44 modern ballistic-missile submarines as compared to 62 for the Soviet Union. One of the reasons for the disparity was that the United States policy at that time made it possible for its submarines to be on station for longer periods of time than could the Soviet boats. 45. In November, 1974, President Ford and Secretary General Brezhnev entered into an agreement in Vladivostok providing for an overall limit of 2400 strategic nuclear delivery vehicles for each side, with a sub-limit of 1300 MIRV missiles. The agreement also provided that within those limits each party would have full freedom to provide as much of a land-based missile deterrent, as much of a sea-based deterrent, or as much of a long-range bomber based deterrent as it wants. It is hoped that the present negotiations toward an agreement that will replace the interim agreement of 1972, called the SALT I agreement, will follow the lines of the Vladivostok agreement, and it is also expected that under the new agreement both sides will attempt to move more and more of their deterrent forces to sea, thereby decreasing their vulnerability. 46. The only time that an SLBM force has increased survivability over a land-based system is when the submarines are at sea, hence it is necessary to have a system that will maximize the time at sea. A dedicated site, which maximizes sea time, is therefore essential for the deterrent and strategic effectiveness of the system. 47. It has been determined by appropriate officials of the Executive and Legislative Branches that the Trident System is necessary for reasons of national security and foreign policy. Those responsible for the security of the United States have thus determined that Trident is necessary for that security and a dedicated site homeported in the territorial United States has been determined to be essential for its support. It has not been shown that there is a reasonable likelihood of early termination of the Trident Program. 48. Deployment of the Trident Submarine in the Pacific is highly desirable in the interest of stability in the relationship between the deterrent forces of the United States and Soviet Union. This is because deployment in the Pacific provides a greatly enlarged area of dispersal over the use of the Atlantic and makes detection much more difficult, resulting in much greater invulnerability. In the face of increased expenditures by the Soviet Union for anti-submarine warfare (ASW) detection and killer techniques, it is a great advantage from the standpoint of dispersal of the deterrent to have it deployed in as wide an ocean area as possible. In addition, deployment of the Trident in the Pacific and Poseidon in the Atlantic poses a two-ocean SLBM force, making ASW measures even more difficult and increasing survivability further. 49. During the period from September, 1974, to the present, the threats to the existing submarine deterrent have increased, and the need for Trident has increased correspondingly. It is greater now than at any previous time. Trident is considered to be the foremost deterrent system the United States will possess in the near future. 50. If development of the Bangor site were enjoined or otherwise halted, a time period of up to five years would be required to provide the necessary planning, including an environmental impact statement, for a substitute base. This would result in a delay of at least two years in the deployment of the Trident system and imperil our national defense. 51. An injunction in this case at this time, given the state of conditions in the world, given the on-going negotiations on the follow-on agreement to the interim SALT I agreement, given the perception of the balance between the Soviet Union and the United States in terms of their strategic nuclear forces, perceptions both in the United States and in the Soviet Union as well as on the part of third parties, would have a powerful adverse effect on the ability of the United States to conduct its foreign relations. 52. The environmental protection division of the environmental protection agency of the Navy, designated OP-45, was established within the Navy to be responsible for interpretation of environmental guidelines and review of environmental assessments and candidate environmental impact statements (CEIS) to determine compliance with appropriate regulations. OP-45 sent out a memorandum on March 9, 1971, directing all military departments to review all significant items that could be of environmental concern. It was further requested that for items which could significantly affect the environment, information be supplied to OP-45 based on OPNAVINST 6240.4A. 53. In response to that memorandum, an environmental assessment of the Tridént Project was prepared. This assessment concluded that since the weapon system in Trident would have no environmental impact under peacetime operation, no EIS was necessary. It also pointed out that, from an environmental standpoint, the submarine was the equivalent of existing submarines. 54. This assessment was reviewed by OP-45, and it concluded that the assessment did not comply with the regulations in that the five points enumerated in OPNAVINST 6240.4A were not specifically addressed. A memorandum to this effect was sent to the Trident Program Manager in May, 1971, requesting an assessment enumerating the five points. 55. On November 1, 1971, the Deputy Secretary of Defense requested the Secretary of the Navy to study alternative means of providing early deployment of an advanced submarine-launched ballistic missile (SLBM) system. This study was a response to recent changes in the Soviet threat and the potential outcome of the then on-going Strategic Arms Limitation Talks. 56. In accordance with this request, the Navy did a study and determined that the best means of obtaining an early development of an SLBM system was expeditious development of Trident. Many options were considered before this was confirmed as the best course of action. 57. On December 23, 1971, the Secretary of Defense made the decision to proceed with the Trident Program as rapidly as possible and designate an IOC of 1978. During the period 1968-1971, the tentative IOC of Trident had been adjusted numerous times, varying from FY 1975 to sometime in the early 1980s. This decision of December 31, 1971, dictated by Polaris obsolescence and international tensions, represented the first time that a firm date for the Trident IOC was set, and it represented a restoration of the original schedule as envisioned in the ADO as nearly as feasible. The Trident program was thus timed to produce a new ship that could be available in a rotatable force at about the time the oldest Polaris reached the end of its anticipated lifespan. 58. As a result of this decision, the Department of Defense requested and received an increased level of funding from Congress for FY 1973. Total appropriations for Trident for the year were $820.9 million, up from $104.8 million in FY 1972. Included was the first funding for Trident construction, in the amount of $311 million. 59. On January 28, 1972, the ULMS Refit Complex Site Selection Final Report was issued consisting of several volumes that are summarized in Ex. 177. Of the 89 sites initially identified, 19 were nominated for further consideration, as they satisfied the minimum criteria for a suitable site. These sites were then evaluated in greater detail for their ability to support the weapons system and the operational aspects of each site. A summary description of the characteristics and requirements of the system that influenced the nature and scope of the Trident refit facilities is contained in Ex. 178. Other tangible aspects were also analyzed, including enviromental factors. The final report recommended four candidate sites as capable of accommodating the Trident Support mission in a satisfactory manner; Charleston, South Carolina; St. Mary’s, Georgia; Cape Kennedy, Florida; and Bangor, Washington. 60. The site selection study was premised on the need for a dedicated support site homeported in the United States, as envisioned in the STRAT-X study and the ADO. Other parameters were the operational requirements of the submarine, the capability of the base to support the Trident missile, minimization of environmental disturbance, and availability of sufficient land. Various IOC’s were used until the decision of the Secretary of Defense in December, 1971. 61. Throughout the Site Selection Study, the effects on the environment were discussed and weighed in the decisions. The selection process considered such environmental factors as the need for relocation of communities, highways and waterways; population densities; the amount of cut and fill needed for development ; the proximity of national wildlife refuges, national parks, historical areas, and state parks; the need for filling, dredging or otherwise altering marshes and wetlands; the impact on waterfowl, fish and hard shell crustaceans and associated industries; the need to build road or rail access; the need for dredging, both initial and maintenance, and its influence on river flows and currents; the impact of spoil disposal; the impact on commercial and recreational boating; the impact on the economy and the labor market; the need for land acquisition; and the ability of the communities to absorb growth. 62. This study confirmed that existing facilities cannot serve the needs of the Trident Program for a number of reasons. The propulsion substances used in Trident missiles are more powerful than those in present SLBM’s and, therefore, safety requires that a larger area around missile handling facilities be free from population. Therefore, to use existing facilities elsewhere, it would be necessary to buy up large areas and relocate vast numbers of people. Floating drydocks at existing facilities are unable to handle the Trident submarine, and a new floating drydock would not be economical. 63. Bangor, Washington, was the only one of the final four sites located on the Pacific Ocean. Two other sites on the Pacific, Humboldt Bay and Point Arguello, California, were among the 19 sites evaluated in detail. Humboldt Bay was rejected due to the need for acquisition of a large amount of private land and relocation of many people, along with a need for extensive dredging and other factors. Point Arguello, among other things, would have required a great amount of earth moving, including filling in a number of canyons, and would have required a harbor. 64. It was determined that there would be some environmental impact in building a base to support the Trident System. Therefore, in complying with the directions from OP-45 to prepare an assessment in the proper format, the Trident Project Manager decided that a Candidate EIS would have to be prepared for each of the potential support sites. As soon as sufficient information was available to identify the sites that appeared to be suitable for the Trident System, preparation of the CEIS was initiated. On February 14, 1972, the Commander, Naval Facilities Engineering Command, forwarded Draft Candidate Environmental Impact Statements on proposed sites in St. Mary’s, Georgia, Cape Kennedy, Florida, and Bangor, Washington to the Trident Project Manager, and the Draft CEIS for Charleston, South Carolina, was forwarded soon after. 65. The request of OP-45 for a more detailed assessment of the Trident Program was met by a draft CEIS for Trident received by OP-45 on March 31, 1972. It was accompanied by a draft CEIS for a typical site and one for the Trident submarine. These draft CEIS’s were reviewed by the CNO Environmental Impact Assessment Review Panel on April 21, 1972, and the panel was also given evidence that there were at that time four potential sites under consideration—St. Mary’s, Georgia; Cape Kennedy, Florida; Charleston, South Carolina ; and Bangor, Washington. 66. The review panel determined that a draft EIS for the refit facility was needed after site selection was accomplished. It was also determined that the CEIS for the typical refit facility should be modified, addressing certain additional environmental aspects for each of the sites under consideration, and resubmitted to OP-45. And the Trident Project Manager was informed that the candidate statement for the typical Trident refit site should be utilized in the decision-making process that would result in the site selection. 67. In accordance with the then current CEQ guidelines, the Navy determined that the Trident Program was composed of a number of actions, as defined in the applicable Navy regulations. These actions included the submarine, the missile system, the refit facility, the power plant, the communications sunport system, and the launching base at Cape Canaveral. 68. As a result of the direction from OP-45, the Trident Project Manager understood that the CEIS’s on the four sites had to be updated and submitted to the Trident Coordinator for use in selecting the ultimately proposed site. In response, the four CEIS’s were forwarded to the Trident Coordinator. Subsequently, after modification, updated versions were forwarded in February, 1973. 69. During May, 1972, the Navy issued an Environmental Impact Assessment on its nuclear propulsion plants. Attached to this assessment was a report, dated February, 1972, entitled “Environmental Monitoring and Disposal of Radioactive Wastes from United States Naval Nuclear Powered Ships and their Support Facilities.” 70. To obtain CEQ’s opinion regarding the method of treatment of the Trident project, talks with CEQ were initiated by the Navy in July, 1972. After a meeting on August 10, 1972, Dr. Gordon MacDonald of CEQ indicated by letter that he felt it had been agreed that the Navy would prepare statements on four general areas: the program as a whole, the construction of various components of the system, the refit site, and the nuclear propulsion system. In response, the Navy indicated by letter of September 29, 1972, that, it had been agreed that the four categories were useful in analyzing the need for impact statements. However, the Navy did not feel it had been determined at that time that statements were necessary for all four categories. The letter stated that the Navy had agreed that statements were needed for the new Trident base and the nuclear propulsion system. However, it was questioned what remained to be evaluated by a program statement, if, as agreed, each of the components would be assessed, and all weapons systems that could be alternatives, if any, were covered by statements of their own. It was also questioned how the construction of the comnonents would be assessed in the light of the present procurement regulations, and the fact that the components were mobile elements. The response from the General Counsel of CEQ on March 1, 1973 took issue only with the Navy’s questions regarding the need for statements regarding construction of the components of the Trident Program. CEQ’s letter did not question the Navy’s position that a program statement was not appropriate for the Trident System. 71. Also in early 1972, at a time when a number of naval facilities were being closed in an overall base cutback, the Chief of Naval Operations ordered a study conducted to review the concept, scope, cost and practical locations for an integrated Trident refit complex, and to consider the possibility of non-integrated support for Trident which could utilize existing facilities that would otherwise be closed. These reports, dated July 12, 1972, and July 17, 1972, entitled Trident Refit Complex Study Report and Trident Alternative Refit Concepts, respectively, concluded : (a) that a single integrated refit complex was necessary for Trident support; (b) that utilization of existing tenders, and floating drydocks is precluded by the size of Trident. Construction of larger floating drydocks is not as cost-effective as providing the same capability in shore-based facilities ; and (c) that the employment of existing shipyards would result in small if any savings to the Navy, but would neither accomplish Trident’s goal of a high at-sea time to in-port time ratio nor leave sufficient shipyard space for non-Trident work. The study noted that the costs of additional facilities and drydocks that would be required to handle work displaced by adding Trident refits to an existing shipyard had not been included. In October, 1972, these reports were forwarded to the Chief of Naval Operations with the recommendation that no change be made from the self-contained refit complex as originally envisioned in the STRAT-X report. As a result of these studies, the Chief of Naval Operations re-affirmed the decision to base the Trident submarine at a eo-located site, which had been an integral part of the Trident System since 1967. 71. In October, 1972, the Office in Charge of Construction—Trident (OICC) was set up under the Naval Facilities Engineering Command to perform the planning, design and construction of the shore facilities in support of the Trident system. This Office was formally approved by the Secretary of the Navy in April, 1973, and became an independent organization about August 1, 1973. 73. On October 6, 1972, the Chief of Naval Material recommended to the Chief of Naval Operations that Charleston, South Carolina be selected as the site for the Trident Refit Complex. It was further stated that, if initial development was in the Pacific, Bangor, Washington, was the recommended site. The letter also recommended use of an integrated and self-contained refit complex for support of Trident. 74. On February 12, 1973, the Chief of Naval Operations recommended to the Secretary of the Navy that, after consideration of factors regarding ocean area selection, i. e., Atlantic or Pacific, the advantages lay heavily with the Pacific and therefore he recommended Bangor, Washington, as the initial Trident refit site. In the analysis of the relative advantages of the two oceans, the environmental assessments of the candidate sites were available to the decision-makers, and environmental aspects were considered in arriving at the decision. The size of the Pacific as compared to the Atlantic had an overwhelming impact, and, with Poseidon already in the Atlantic, a two ocean SLBM force would be more survivable. These strategic considerations were of such overwhelming importance to national security that the decision to deploy Trident in the Pacific could not be outweighed except by environmental considerations of a catastrophic nature. But the decision to utilize Bangor as the Pacific base for the Trident Support Site was still tentative and open to reversal if environmental effects were of sufficient magnitude to dictate another Pacific base. If, during the course of the detailed environmental study of the Bangor site, there were found some irreversible and highly significant impact on the area disproportionate to strategic and tactical needs, the decision would be reviewed, and, if necessary, other sites would be considered for feasibility. 75. On 12 February, 1973, the Secretary of the Navy notified the Secretary of Defense of the fact that the Navy, after considering all factors including environmental assessments of the candidate sites, had determined that initial Trident development should be in the Pacific. He, therefore, recommended initial development of Trident in the Pacific from a refit site at Bangor, Washington, and requested approval. 76. On February 15, 1973, the Deputy Secretary of Defense approved the decision of the Secretary of the Navy to deploy Trident in the Pacific for strategic reasons, and therefore to select Bangor for the initial refit site. Bangor was chosen as the proposed site because it was the only one of the four sites determined to be suitable for strategic and tactical reasons for the Trident System that was in the Pacific, and it had been determined that Pacific basing was necessary for the maximum effectiveness of the system. 77. On February 16, 1973, a letter was sent from the Navy to numerous Senators and Representatives informing them of the selection of Bangor as the proposed Trident Support Site, after consideration of numerous factors, including environmental assessments of Bangor. They were informed that an in-depth environmental study would be done, leading to the filing of an Environmental Impact Statement. From that time on, there were many briefings and meetings between Congressmen and Navy Personnel, in which the question was raised as to whether the decision to go to Bangor was tentative. The answer was always that the decision was subject to review if some irreversible or important environmental effect outweighing missile effectiveness was identified. 78. Immediately after selection of Bangor as the proposed site, a monitoring team was established in the area to gather samples and baseline data relating to areas of possible environmental impact. The ongoing environmental studies were initiated in April, 1973, with representatives of numerous federal, state and county agencies where the scope of studies was discussed. The data collection was commenced in June, 1973, continued through preparation of the EIS and is continuing now. In addition, an environmental monitoring system has been set up to maintain surveillance of the environment during construction. 79. After the selection of Bangor as the proposed site, in February, 1973 the OICC proceeded with the necessary advertising to inform the architect-engineer'(A-E) firms that the Navy was proceeding with initial planning and design of the facility at the Bangor site. The advertisements and announcements sought an A-E firm that would be interested in doing the designing and planning for the site and the EIS. Through standard contracting procedures a Joint Venture consisting of the firms of Henningson, Durham and Richardson, Inc., (HDR), Gibbs and Hill, Inc. and Parsons, Brinckerhoff, Quade and Douglas, Inc., (PBQD) was awarded the contract. Other firms associated with the Trident Joint Venture (TJV) were Durham, Anderson and Freed (DAF) and Kramer, Chin and Mayo (KCM). The contract between the Navy and the Trident Joint Venture was signed June 22, 1973, and provided for the TJV to prepare for the Navy three reports regarding the support site—the Preliminary Engineering Studies, the Preliminary Master Plan, and the Environmental Impact Statement. The procedure of having the EIS and preliminary planning prepared by the same concern is similar to the procedures followed by the Federal Highway Administration as set out in their regulations. 80. On April 4, 1973, representatives from EPA participated in a preliminary briefing by the Navy regarding the Environmental Studies being conducted for the proposed base. 81. To better provide for consideration of the environment and to integrate environmental factors into the engineering and planning processes, the work of the three portions of the TJV contract were carried on in parallel. Throughout the work, the environmental staff members maintained close contact with the staff performing the planning and engineering studies. As a result of this interaction, which could best be accomplished by the method of awarding the contracts concurrently to associated firms, such items as selection of building sites and design of facilities had environmental input. In addition, an environmental constraint map was prepared by the EIS team, which was used by the engineers and planners in their first developments. As a result, the engineers and planners were aware of environmentally sensitive areas, and could take precautions to avoid them. 82. The TJV members were instructed by the Navy on the need for strict environmental consideration. They were instructed to develop imaginative and innovative designs to avoid adversely affecting such local phenomena as the salmon fingerling migrations, and to attempt to keep the need for land acquisition and its consequent displacement of people to an absolute minimum. One example of their response is the change in the design of off-shore facilities to utilize pile-supported structures so that the salmon migrations could continue to utilize the shallow water near the shore. 83. The Trident Joint Venture set up a Center for Public Comment in Silver-dale, near Bangor, to allow any member of the public to obtain information about the Trident Support Site. 84. Commencing in August, 1973, the on-site representative of the Navy made contacts and discussed the Trident Project with many federal, state and local agencies, including EPA and others having environmental expertise. Members of the Trident Joint Venture had a number of early meetings with the technical staff of EPA regarding the proposed data program, and each of the several sub-contractors working on the data for the Trident Support Site made individual contacts with various federal, state, and local agencies, including EPA. 85. The TJV submitted a Preliminary Draft EIS to the Navy on September 10, 1973, and the Navy made comments on it. The TJV submitted a second Preliminary Draft EIS, together with technical studies to the Navy and local officials for comment on December 17, 1973. Both drafts were revised in response to the comments received. 86. By letter of September 26, 1973, representatives from Region X of the EPA were invited to attend a second briefing, held October 11, 1973, dealing with preliminary findings and additional data. 87. EPA was furnished the Preliminary Draft EIS of December 17, 1973, and the technical studies used in its development. On January 8, 1974, they provided their comments to the Trident Joint Venture through the Federal Regional Council’s Trident Subcommittee. 88. EPA was among the numerous agencies that were invited to and sent representatives to a pre-release briefing on the Trident Support Site Draft EIS on March 22, 1974. 89. Data from a full year was gathered and examined in the course of preparation of the Environmental Impact Statement on the Trident Support Site at Bangor. An examination of the data gathered subsequent to the Draft EIS confirmed the conclusions reached therein. While additional data could have been generated if there had been more time, the data that was gathered was sufficient to reasonably determine the environmental impact of the project. 90. The Draft Environmental Impact Study, Trident Support Site, Bangor, Washington, was submitted to the Council on Environmental Quality on March 21, 1974, and notice of the submission was published in the Federal Register on March 29, 1974. 91. The EIS Review Panel within OP-45 reviewed the Draft EIS for the Trident Support Site and determined that the directions given as a result of their meeting of April 21, 1972 to the Trident Project Manager had been carried out. 92. The Draft EIS was sent to all appropriate federal, state and local agencies, and to members of the public who had. indicated interest in the project. Copies of the EIS were also made available to the public in the Center for Public Comment in Silverdale, Washington. 93. On April 24 and 25, 1974, a public hearing was held in Silverdale, Washington on the Draft EIS for the Trident Support Site at Bangor, Washington. The hearing was attended by about 750 persons, of whom about 100 made presentations. The transcript of the entire hearing is contained in Volume II of the Final EIS on the Trident Support Site. 94. The Navy requested that comments on the Draft EIS be sent to Commander Dunn at the Trident Office in Kitsap County prior to May 31, 1974. This allowed 63 days for review and comment. Detailed comments were received from federal, state and local agencies, and many members of the public, including the plaintiffs. The comments were then classified according to subject matter by the TJV and responses were prepared and included in the Final EIS. There were no requests received for an extension of time in which to comment on the Draft EIS. 95. On May 29, 1974, a meeting was held among Senators Jackson and Magnuson and Congressman Hicks of Washington, various representatives of the Departments of Defense and Navy, the Kitsap County Commissioners and two representatives of the State of Washington. The purpose of the meeting was to discuss the social impacts of the Trident Support Site, and to commence planning and preparation for mitigating the impacts. There was a deviation between the fiscal impacts as developed by the state and county governments. It was agreed that relief would be sought for the areas impacted by the Trident Program through existing federal programs. The state and county would continue planning, develop specific plans, and submit them to the Federal Regional Council for action and financial assistance. In addition, Senator Jackson stated he would introduce special legislation to authorize the Department of Defense to budget funds for the impacted community when the existing programs would not provide them. 96. Following the meeting the Navy briefed the various federal agencies on the needs of the local agencies. The Office of Economic Assistance in the Office of the Secretary of Defense was established as the intermediary between the Department of Defense, which would identify the impacts, and the various federal agencies which would budget for the needs as they were identified. At a meeting on May 30, 1974, the Office of Management and Budget stated that it would give special emphasis to the Trident impacts. 97. As a result of the identification of impacts in the Trident EIS, planning money has been made available to the state and county for preparing the detailed plans needed for schools, roads, housing, etc. As the plans are prepared, they are submitted to the Federal Regional Council in Seattle and submitted to the appropriate federal agencies for inclusion in their budgets. In addition, the Secretary of Defense has been authorized to support items that might not come under the purview of other federal agencies, and an amount for funding has been included in the FY 1976 budget and the planned FY 1977 budget. Trident-related federal assistance to local governments in FY 1974-75 amounted to over $6,000,000. 98. The Final Environmental Impact Statement, Trident Support Site, Bangor, Washington (Final EIS), was submitted to CEQ on July 19, 1974, and notice of the submission was published in the Federal Register on July 30, 1974. 99. The Navy had then completed preparation of Environmental Impact Assessments, Candidate EIS’s, or Draft and Final EIS’s, as appropriate, on every action involved in the Trident Program. 100. During the time that Trident has been under consideration the following environmental assessments and statements have been prepared for various aspects of the Trident Program: A. The Trident Program 1. Environmental Impact Statement Assessment, April 12, 1971 2. Candidate Environmental Impact Statement (CEIS) for ULMS, March 31, 1972 (Ex. 7) B. The Trident Ship System 1. Environmental Impact Assessment, July, 1973 (Ex. 9) 2. CEIS, Trident Project Ship System, November 30, 1973 (Ex. 32) 3. Environmental Impact Assessment, December 29, 1973 (Ex. 33) C. The Trident Submarine 1. CEIS, March 31,1972 (Ex. 7) D. The Trident Weapons System 1. Environmental Impact. Assessment, July, 1974 (Ex. 8A) 2. Updated Environmental Impact Assessment, February, 1975 (Ex. 8B) E. The Nuclear Reactor 1. Draft Environmental Impact Statement, August 25, 1972 (Ex. 10) 2. Final Environmental Impact Statement, December 27, 1972 (Ex. 10). F. Typical Trident Refit Facility 1. CEIS, March 31,1972 (Ex. 7) G. Trident Support Site, Bangor, Washington 1. CEIS, February 10, 1972 (Ex. 14) 2. CEIS, February 8, 1973 (Ex. 18) 3. Preliminary Draft EIS, December 17, 1973 (Ex. 4) 4. Preliminary Draft EIS, February, 1974 (Ex. 3) 5. Draft EIS (5 Volumes), March 21, 1974 (Ex. 2) 6. Final EIS (5 Volumes), July 19, 1974 (Ex. 1) H. Potential Trident Support Sites I. CEIS, St. Mary’s, Georgia, February 10,1972 (Ex. 12) 2. CEIS, St. Mary’s, Georgia, February 10,1973 (Ex. 19) 3. CEIS, Charleston, South Carolina, March 6,1972 (Ex. 13) 4. CEIS, Charleston, South Carolina, February 10,1973 (Ex. 20) 5. CEIS, Cape Kennedy, Florida, February 10,1972 (Ex. 15) 6. CEIS, Cape Kennedy, Florida, February 10,1973 (Ex. 21) I. Trident Wharf and Turning Basin 1. Draft EIS, March 9, 1973 (Ex. 163) 2. Final EIS, December 10, 1973 (Ex. 11) J. Trident Office Building, Bangor, Washington 1. Environmental Impact Assessment, December, 1973 (Ex. 23) K. Indian Island Conventional Ordnance Facility 1. CEIS, November, 1974 (Ex. 24) The deféndants also conducted the following studies that incorporated and considered environmentally related factors: A. Trident Refit Complex Site Selection Final Report, January 28, 1972 (Ex. 177) B. Trident Refit Complex Study Report, January 31, 1972 (Ex. 178) C. Trident Refit Complex Study Report, July 12, 1972 (Ex. 42) D. Trident Alternative Refit Concepts Report, July 17, 1972 (Ex. 41) E. Summary of Site Screening Data and Evaluation of Suitable Sites, July 19,1972 (Ex. 40). 101. Copies of the Final EIS were distributed to Members of Congress and made available to the public in the Library of Congress and the libraries and universities in the State of Washington, as well as furnished to people who had indicated a prior interest. 102. The EIS indicates, either explicitly or implicitly, the mitigation efforts with respect to each significant effect. In many cases, when informed of a potentially adverse effect, the Navy determined that an ameliorative action would be taken. Thus the impact as stated in the EIS does not appear as severe as it would have been without the Navy’s commitment to take mitigative action. Furthermore, during preparation of the Final EIS and while responding to comments on the Draft EIS, the Navy made certain agreements and commitments to deal with and ameliorate certain effects, and is carrying out those commitments. 103. After the selection of Bangor as the proposed Trident Support Site, the Navy initiated a program to gather data to serve as an environmental baseline for impact analysis. This data gathering program is still continuing. Statements in the EIS regarding the flora and fauna of the area were based in part on these studies, and also utilized sampling data from other agencies. This data was gathered by competent professionals and analyzed to arrive at the conclusions in the EIS (Ex. 2, Vol. 5). For example, for the marine biology and fisheries impacts, the studies were conducted by an expert in the field and the statements in the EIS are based on his conclusions. While there may be disagreement with the statements in the EIS, they are admittedly disagreements among experts involving matters of personal judgment. There is no indication that the Trident Support Site will have any significant effect on the flora and fauna of the area that is not detailed in the EIS. While the studies forming the basis for the conclusions in the EIS are sufficient for that purpose, it is conceded by all parties that more studies would be beneficial. It is noteworthy in this regard that, despite much activity in Hood Canal by the Washington State Department of Fisheries and the University of Washington for over 50 years, no data on such obviously important matters as the number of salmon migrating out of the Canal has ever been gathered. The Navy is not only continuing its baseline studies even after the completion of the EIS, but it has also demonstrated its concern for the environment by actively negotiating with other experts for additional research. 104. In evaluation of the water resources of the Bangor Annex, the Navy utilized an extensive literature search and field investigation employing the standard technique of taking random test borings to get general indications and later making detailed borings where necessary. These tests indicated that an artesian condition existed and further detailed testing was required, and this was reflected in the EIS and in the preliminary and final master plans. These further tests showed the artesian pressure to be greater than would have been normal or expected. At that point the Navy retained competent professional consultants and, after meeting with knowledgeable state and federal officials, performed extensive tests. These tests indicated the need for further tests that were performed in April, 1975. These tests confirmed that the water supply for the base can be developed from the groundwater as anticipated in the EIS, and monitoring during the tests has demonstrated that there will be no problems with salt-water intrusion. 105. The analyses of the economic impacts of the project were performed by competent professionals using recogn