Plaintiff's Still Waiting Judges Decision On Injunction For Coast Guard Helicopter

Oregon’s U.S. Senator Jeff Merkley, along with Senator Ron Wyden and Congresswoman Val Hoyle, announced on Friday December 12th that they secured written commitments from Admiral Kevin Lunday, Acting Commandant of the U.S. Coast Guard, to ensure the rescue helicopter located at the Newport Air Facility remains in the community, as well as a pledge from Lunday to visit the Newport area within one year.

On November 21, Lincoln County and Newport Fishermen’s Wives, Inc. filed suit in federal court in Eugene against the United States Coast Guard and Secretary of the Department of Homeland Security Kristi Noem in her official capacity. The lawsuit alleges that the defendants illegally removed a rescue helicopter from the Coast Guard’s AIRFAC Newport facility. On November 24, United States District Judge Ann Aiken entered a temporary restraining order requiring the rescue helicopter’s immediate return to AIRFAC Newport.

The Court temporarily extended its order on December 8, while it considers the County and Newport Fishermen’s Wives’ motion for a preliminary injunction.

Lincoln County and Newport Fishermen’s Wives are aware of a letter issued on December 12, by U.S. Coast Guard Admiral Kevin Lunday to Senators Wyden and Merkley, as well as the Senators’ public response. While the County and Newport Fishermen’s Wives welcome Admiral Lunday and the Senators’ engagement on this issue, it is important to be clear that notwithstanding these statements, the Coast Guard and Secretary Noem continue to oppose the County and Newport Fishermen’s Wives’ case in federal court.

“The fact is that the Coast Guard and Secretary Noem oppose my clients’ request for an injunction,” said Eric Brickenstein, an attorney representing the County and Newport Fishermen’s Wives. “That is the best indicator of their legal position,” Mr. Brickenstein continued, “and as far as I am aware, the Coast Guard and Secretary Noem have not withdrawn their opposition in light of Admiral Lunday’s statements to the Senators.”

“Our actions will continue to be guided by what the Coast Guard and Secretary Noem do in court, not by what is said in the political arena,” Mr. Brickenstein said.