State sues to keep tankers at Fairchild

Gov. Christine Gregoire filed suit in Federal Court on Wednesday to stop the Pentagon from moving the Washington Air National Guard’s tanker aircraft from Fairchild Air Force Base.

The lawsuit against Secretary of Defense Donald Rumsfeld and members of the Base Realignment and Closure Commission came amid two federal court rulings in the last two days unfavorable to governors seeking to keep National Guard aircraft in their states.

A federal judge in Missouri on Wednesday and another in Illinois on Tuesday ruled that states have no standing to challenge such reassignments because, for now, they are just recommendations by the commission. The judges said states must wait until the BRAC recommendations are acted upon by Congress and President Bush. The commission will send its changes to the Department of Defense base realignment wish list to Bush today.

“We are aware of those rulings, but they do not affect our decision-making,” said Antonio Ginatta, executive policy adviser for Gregoire. He cited a federal court ruling late last month that the Defense Department has no authority to eliminate a Pennsylvania Air National Guard fighter wing without that state governor’s consent.

In her suit filed in U.S. District Court at Seattle, Gregoire joins governors of several states in claiming that their consent is required before relocation of National Guard assets, Ginatta said. Washington state maintains the Defense Department also has exceeded its authority and violated the Second Amendment to the U.S. Constitution, which guarantees a state’s right to maintain a well-regulated militia.

Last month the commission refused to alter a Pentagon recommendation to move eight KC-135 tankers operated by the Air Guard’s 141st Air Refueling Wing from Fairchild to a base in Iowa. The reassignment could cost Spokane 200 of the 900 Air Guard jobs at the base.

“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,” Gregoire said Wednesday. “In the event of a major disaster, we cannot afford to wait for federal action.”

The 141st is currently engaged in relief efforts in the wake of Hurricane Katrina, flying Oregon National Guard troops and supplies to the disaster area.