Category: MIL-OSI

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Justice Department Files Statement of Interest in Religious Land Use Case Involving Arizona Food Ministry that Serves the Hungry

Source: United States Department of Justice

The Justice Department filed a statement of interest yesterday in the U.S. District Court for the District of Arizona explaining that a church’s claims under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) are ready for judicial review in federal court.     

The statement of interest was filed in Gethsemani Baptist Church v. City of San Luis, a lawsuit alleging that the City of San Luis, Arizona, (the City) imposed a substantial burden on the religious exercise of Gethsemani Baptist Church (the Church) and treated the Church less favorably than secular institutions. The lawsuit alleges that the Church has operated a Food Ministry on its property as part of its religious exercise since 1999 and has provided food to thousands of people in need. The City recently became hostile to the Church, claiming that its use of its property and its use of semi-trucks to deliver food and supplies to the Ministry violated the City’s zoning code. The City took enforcement action to stop the Church from operating the Food Ministry, including by issuing multiple citations to the Church’s pastor.  

“Churches have been on the front lines helping to alleviate hunger and meet the needs of those experiencing food insecurity across the country,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Federal law provides broad protection to religious exercise, including for ministries that serve people who are hungry or in need of basic supplies. Once a municipality applies its zoning code to restrict religious exercise, impacted groups do not need to jump through procedural hoops to obtain relief in federal court. The Justice Department is committed to ensuring that religious groups can properly exercise their rights under RLUIPA.”

The City filed a motion to dismiss the Church’s lawsuit, arguing in part that the Church’s RLUIPA claims could not proceed. The department’s statement of interest refutes this claim, asserting that the Church is not required to apply for a conditional use permit and that doing so would have been futile. The statement also argues that the Church has sufficiently shown the City’s ability to conduct an “individualized assessment” of the Church’s use of the property as required by RLUIPA. 

RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship. As part of this initiative, the department has filed statements of interest in other RLUIPA cases involving faith-based services to persons in need, including in Micah’s Way v. City of Santa Ana (Central District of California) and St. Timothy’s Episcopal Church et al. v. City of Brookings (District of Oregon). Additionally, the department hosted outreach forums with religious leaders at Seton Hall Law School in Newark, New Jersey, and Chapman University Law School in Santa Ana, California, on combating religious discrimination under RLUIPA and also issued a letter to state, county and municipal leaders throughout the country to remind them of their obligations under RLUIPA.   

Individuals who believe they have been subjected to discrimination in land use or zoning decisions can contact the U.S. Attorney’s Office Civil Division’s Civil Rights Section at (213) 894-2879 or the Civil Rights Division Housing and Civil Enforcement Section at (833) 591-0291 or may submit a complaint through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, can be found at www.justice.gov/crt/about/hce/rluipaexplain.php.

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Defense News: Navy’s 70+ acre Old Town Campus Revitalization Moves Forward

Source: United States Navy

The Navy is currently in the environmental review process as required by the National Environmental Policy Act (NEPA) to assess potential environmental impacts of revitalizing the site. The Navy released a Draft Environmental Impact Statement (EIS) in 2021 for public review and comment. In response to comments received, the Navy began a competitive solicitation process in November 2022 and in January 2024 identified a potential master developer, Manchester/Edgemoor, to work with the Navy to develop site-specific details before a final alternative is selected. Now in an exclusive negotiation period, Manchester/Edgemoor may pursue local approvals such as permitting, any necessary environmental documentation, secure financing, and negotiate a potential lease with the Navy.

“The Navy’s enduring partnerships with the City of San Diego and surrounding communities are essential to this successful initiative moving forward,” said Rear Admiral Brad Rosen, Commander of Navy Region Southwest. “While the Navy’s goal is new mission-capable facilities for NAVWAR and other tenant commands, the Navy recognizes that any project that is good for the Navy should also provide positive impacts to the community.”

In the Navy’s largest leasing initiative, the Navy would potentially make available for lease, underutilized property at Naval Base Point Loma in exchange for new mission-capable facilities for its primary tenant NAVWAR.

NAVWAR currently operates out of 80-year-old World War II era aircraft manufacturing plants. The Navy proposes to replace these obsolete buildings with state-of-the-art facilities to meet NAVWAR’s mission requirements. Revitalizing the property, which is centrally located and ideal for transit-oriented development, could provide much-needed housing to help address San Diego’s housing shortage and provide a possible new tax base for the City, County, and State.

NAVWAR is a significant economic contributor to San Diego, with an annual budget in excess of $11 billion, the command infuses $3.3 billion annually to the region. In fiscal year 2022, NAVWAR created 18,858 jobs in San Diego, generated $8.4 billion in contracts with private industry, and $1.74 billion in contracts in San Diego. NAVWAR provides 50% of all cybersecurity jobs in San Diego.

Revitalization of the Navy’s Old Town Campus could achieve mutually beneficial outcomes for the Navy and San Diego. In this potential leasing initiative, the developer would provide new NAVWAR facilities in exchange for private development of the remainder of the site to include housing, retail, commercial and potentially a transit center. The Navy must still complete an EIS and reach a Record of Decision before the project can begin.

“The Manchester/Edgemoor team is excited to start engaging with the local community as we move forward with the Navy through the environmental review process. This project represents a generational opportunity for the Navy and City of San Diego, and we intend to make sure the community is involved in each step along the way,” said Neal Fleming, President of Edgemoor Infrastructure & Real Estate.

Since their selection earlier this year, the Manchester/Edgemoor team has initiated outreach and engagement with the City of San Diego, County of San Diego, state and local transportation agencies, and others, to better understand their priorities.

“We remain dedicated to continuing our collaboration with the Navy and the City of San Diego to create cutting-edge government facilities for the Navy, alongside an engaging mixed-use development for the wider community,” said Ted Eldredge, President & CEO of Manchester Financial Group.

The Navy and Manchester/Edgemoor are committed to remaining engaged with the community throughout all phases of the project. Details of future public engagement opportunities will be announced when scheduled.

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Defense News: 20th Pacific Partnership Mission Prepares to Enhance Disaster Response Capabilities, Strengthen Ties in Indo-Pacific

Source: United States Navy

Comprised of 1,500 personnel from the U.S. and like-minded partner nations, the mission team will work to strengthen relationships, and bolster host nation capacity in order to provide humanitarian services, and support efforts to prepare and respond to potential natural disasters in the Indo-Pacific region.

“This mission enables us to come together to prepare and train so that we are ready when a humanitarian crisis occurs.” said Melson. “We’ll focus on training and regional interoperability to increase disaster-response-preparedness while creating lasting bonds of friendship and trust amongst mission partners and host nations.”

PP-24.2 officially began in Vanuatu and will continue throughout parts of Southeast Asia and the South Pacific Islands – respectively.

During this mission, medical professionals will focus on working side-by-side with host nation providers to increase overall medical capacity and expertise in community education; preventative medicine; dental; veterinary care; adult and pediatric medicine; first aid; nutritional counseling; mental health activities; and basic life support. Medical subject matter expert exchanges are also interwoven into each engagement.

“This enduring annual mission is such an integral part in maintaining the long-standing friendships we have with allies and partners in the region,” said Keeler. “We are excited to continue this legacy of cooperation and support for this iteration and for many more in the future”.

Pacific Partnership will also include the U.S. Pacific Fleet Band, who will be embarked on USNS City of Bismarck.to provide concerts to local communities at each mission stop.

Now in its 20th iteration, Pacific Partnership, is the U.S. Navy’s largest maritime humanitarian and civic assistance mission conducted in the Indo-Pacific.

At the request of each host nation, the Pacific Partnership team provides focused support to address critical infrastructure concerns. These concerns are traditionally centered around schools and health clinics, along with partnering with local communities to build engineering teams composed of host nation participants, U.S. military engineers, and partner nation engineers where available.

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Justice Department Files Complaint Against Norfolk Southern to Stop Amtrak Passenger Train Delays

Source: United States Department of Justice

The United States filed a civil complaint today in the U.S. District Court for the District of Columbia alleging that the Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively, Norfolk Southern) delays passenger trains on Amtrak’s Crescent Route in violation of federal law.

The Crescent Route, operated by Amtrak (also known as the National Railroad Passenger Corporation), is a 1,377-mile passenger line that stops at 33 towns and cities between New York City and New Orleans. Norfolk Southern controls 1,140 miles of rail line on the Crescent Route and handles dispatching for all trains along that segment, including freight trains it operates. Approximately 266,000 passengers traveled on the Crescent Route during 2023. That year, only 24% of southbound Crescent Route passenger trains traveling on Norfolk Southern-controlled track arrived at their destination on time.

According to the complaint filed on July 30, federal law requires Norfolk Southern to give Amtrak passenger trains preference over freight trains. The complaint alleges that Norfolk Southern regularly fails to do so, leading to widespread delays that harm and inconvenience train passengers, negatively affect Amtrak’s financial performance, and impede passenger rail transportation. The complaint includes several examples of how Norfolk Southern’s failure to give passenger trains the required preference causes many of these delays. For example, on Jan. 1, an Amtrak train 10 miles outside of New Orleans was delayed for nearly an hour when Norfolk Southern dispatchers required it to travel behind a slow-moving freight train. On another occasion, Norfolk Southern dispatchers forced an Amtrak train to wait over an hour while allowing three separate freight trains to pass. In many cases, Norfolk Southern runs freight trains along the Crescent Route that, due to track limitations, are so long they cannot move to the side for passenger trains to pass them.   

“Americans should not experience travel delays because rail carriers break the law. Our action today alleges that Norfolk Southern violates federal law by failing to give the legally required preference to Amtrak passenger trains over freight trains,” said Attorney General Merrick B. Garland. “The Justice Department will continue to protect travelers by ensuring that rail carriers fulfill their legal obligations.” 

“For half a century, federal law has required freight rail companies to give Amtrak passenger rail service preference on their tracks — yet compliance with this important law has been uneven at best,” said U.S. Transportation Secretary Pete Buttigieg. “We will continue to engage the railroad industry and work with Amtrak to ensure that freight railroads comply with their legal obligations and that Amtrak customers are not subjected to unacceptable, unnecessary, and unlawful delays.”

Trial Attorneys Max Goldman, Amber Charles, and Pauline Stamatelos of the Civil Division’s Consumer Protection Branch are handling the case.

For more information about the Consumer Protection Branch and its enforcement efforts, visit www.justice.gov/civil/consumer-protection-branch.

A complaint is merely a set of allegations that the government would need to prove by a preponderance of the evidence if the case went to trial.

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Defense News: First Royal Australian Navy Sailors Graduate From Basic Enlisted Submarine School

Source: United States Navy

“It’s another exciting step to see our Royal Australian Navy sailors graduate from this unique and challenging training. I am incredibly proud of their exceptional dedication and effort to reach this significant milestone,” said Chief of the Royal Australian Navy Vice Adm. Mark Hammond. “I’d like to thank our long-standing partners and friends in the U.S. Navy for providing the training to assist the Royal Australian Navy to operate, maintain and support Australia’s future nuclear-powered submarine capability.”

Incorporating Royal Australian Navy enlisted personnel into the U.S. Navy’s submarine training pipeline is essential to developing Australian crews ahead of Australia’s acquisition of sovereign Virginia-class submarines that will be sold to Australia by 2030. Enlisted personnel make up the bulk of a Virginia-class submarine crew, which is typically comprised of 15 officers and 117 enlisted sailors. Royal Australian Navy sailors are also enrolled in the UK Royal Navy’s nuclear training pipeline, with the first officers graduating from the UK Royal Navy’s Officers Nuclear Operators Course earlier this month. All work by Australian personnel in the U.S. and UK will remain consistent with Australia’s domestic and international legal obligations, including its non-proliferation obligations and commitments.

“For the last two months, these sailors have trained diligently alongside their American counterparts to acquire the capability to safely operate SSNs,” said Naval Submarine School Commanding Officer Capt. Matthew Fanning. “They will continue to hone their skills in rate-specific training prior to reporting to a Virginia-class submarine as part of the crew to put their training into execution alongside U.S. submariners.”

The BESS graduation comes just months after the first three Royal Australian Navy officers completed their training at the U.S. Navy’s Submarine Officer Basic Course in April 2024 and reported to Virginia-class submarines based in Pearl Harbor, Hawaii. Nearly 100 Royal Australian Navy officers and enlisted personnel will enter the submarine and U.S. Naval Nuclear Propulsion training pipelines this year.

“Our sailors are the backbone of our Navy. Their training success demonstrates the exceptional skillset and knowledge of our people,” said Warrant Officer of the Royal Australian Navy Andrew Bertoncin, the service’s senior non-commissioned representative. “I’m proud of what our sailors have achieved and look forward to seeing them continue to master their craft onboard a Virginia-class submarine.”

At BESS, the Royal Australian Navy sailors joined their American counterparts for a rigorous eight-week course where they developed the skills and competence needed to operate nuclear-powered attack submarines. Sailors studied the construction and operation of nuclear-powered submarines and gained hands-on experience through intensive simulations.

“We are extremely proud of what these sailors have accomplished as the first Royal Australian Navy enlisted sailors to graduate from one of the U.S. Navy’s most demanding training courses,” said Vice Adm. Jonathan Mead, Director General of the Australian Submarine Agency. “Their success in this training is another positive step forward as we work with our U.S. and UK partners to progress along the AUKUS Pillar 1 Optimal Pathway and toward our shared goal of a stable and prosperous Indo-Pacific.”

“These sailors are the foundation of Australia’s future SSN crews,” said the U.S. Navy’s AUKUS Integration and Acquisition Program Manager Rear Adm. Lincoln Reifsteck. “They are trailblazers leading the broader effort to strengthen the interoperability and capabilities of the AUKUS nations. Their graduation is a major step toward realizing the strategic goals of AUKUS as well as deepening the ties among our nations.”

AUKUS is a strategic partnership that will promote a safe, free, and open Indo-Pacific, enhance national security, and uplift the three industrial bases. AUKUS Pillar 1 will deliver a conventionally armed SSN capability to the Royal Australian Navy by the early 2030s. The Department of the Navy’s AUKUS Integration and Acquisition Program Office is the U.S. lead responsible for executing the trilateral partnership to deliver conventionally armed, nuclear-powered attack submarines to the Royal Australian Navy at the earliest possible date while setting the highest nuclear stewardship standards and continuing to maintain the highest standards of non-proliferation.