Cape Cod Officials Threaten Lawsuit Over Machine Gun Range Plans

Falmouth MA

15 September, 2021

4:41 PM

Description

FALMOUTH, MA — Barnstable County officials are threatening legal action over the Massachusetts National Guard's proposal for a machine gun range on Joint Base Cape Cod. The Barnstable County Commissioners voted Wednesday to send two letters to the National Guard, accusing its officials of failing to comply with legal and permitting requirements for the proposed machine gun range. The letters were signed by attorneys with the Boston-based environmental firm McGregor & Legere. Copies were sent to guard base Commander Matthew Porter and Attorney General Maura Healey. Officials at Joint Base Cape Cod did not immediately respond for comment. Patch will update this story if we hear back. The $11 million firing range would expand an existing range at the base. Guard officials have said the range is needed for weapons training. Constructing it requires clearing more than 170 acres of forest to accommodate the range footprint, lighting, facilities, road maintenance and more. In the letters, county officials urged the Massachusetts Environmental Management Commission to reject the "misguided" project, saying it would threaten drinking water and destroy wildlife habitats. If approved, the range would be built within the Upper Cape Water Supply Reserve, an important water source for Falmouth, Barnstable, Yarmouth and several upper Cape communities. "We oppose this project as it would harm the natural resources of Cape Cod and negatively impact the health and safety of its residents," the letter read. "Based on the analysis by our Special Counsel, the Barnstable County Commissioners are prepared to take legal action, if necessary, to protect the Upper Cape Water Supply Reserve." Guard officials said their own environmental report of the project was "thorough" and "independent." Officials also said the Federal National Guard Bureau reviewed the range's environmental report and approved it. But in the letter, county officials argued there are still several regulatory hurdles Joint Base Cape Cod ignored. According to the letters, the project requires, but has not received, a two-thirds vote of the state Legislature, because the proposed range would be built on public conservation land. There are also permitting requirements that county officials say are being ignored. State, local and federal officials have also expressed concerns about the proposed gun range's environmental impact. The Environmental Protection Agency said it will review the project's potential impact on the water supply. Sens. Elizabeth Warren and Ed Markey, as well as U.S. Rep. William Keating, welcomed the EPA's oversight in a joint statement. "We commend EPA Region 1's decision to order a Sole Source Aquifer review of the proposed machine gun range project at Camp Edwards on Joint Base Cape Cod," the statement said. "We must fully understand the impacts this gun range poses to public health, public safety, and our public lands. We are hopeful that this review will identify the potential environmental impact this project could have and provide much-needed answers to the residents of Cape Cod who remain concerned about the construction of this gun range."