http://straylight.law.cornell.edu/uscode/html/uscode49/usc_sec_49_00044715----000-.html
NWS3june-8. NAS Patuxent River operations approved by
environmental impact study
by Naval Air Warfare Center Aircraft Division Public Affairs
PATUXENT RIVER, Md. (NWS) -- The Patuxent River, Md.,
complex is the first Navy flight test range to officially
gain approval of an environmental impact study (EIS) on its
comprehensive operations.
The record of decision (ROD), which was published in the
Federal Register May 27, closes a more than two-year process
of environmental review on the potential impacts of flights
and related ground operations.
"We undertook this environmental study because we strive
to be good environmental stewards," said Capt. Paul E.
Roberts, Patuxent River Naval Air Station commanding
officer. "Having this study in place will also save a
tremendous amount of time and money because the EIS covers
so much of our work, both current and potential."
The EIS identified the maximum number of flight hours
Patuxent River can conduct without impacting the environment
-- up to 24,400 flight hours per year. "However," said
Roberts, "this does not mean that Patuxent River will be
increasing its flight hours. The ceiling is thousands of
hours fewer than we flew in the 1980s."
The decision puts the complex on solid environmental
footing and positions it for the future.
"A record of decision for this new operations level gives
us the flexibility we'll need to remain a viable place to
test aircraft," said Timothy S. Smith, executive director,
NAS.
The EIS covers flight hours and related operations under
particular parameters. Aviation programs and activities that
fall under this EIS will save more than two years and at
least $200,000 each, the amount of time and funding needed
to undertake an independent environmental impact statement.
Some programs and activities, such as new operations, will
still need separate environmental documentation to meet the
requirements of the National Environmental Policy Act and
other environmental regulations.
Although environmental analyses conducted for the document
showed no significant impact on the environment from flight
increases, NAS will still respond to concerns brought to
light during EIS public meetings and hearings.
"The process we undertook for the EIS opened a fantastic
dialogue with our neighbors," Roberts said. "We plan to
continue that dialogue and implement procedures to mitigate
those areas in which the community has expressed a concern.
That's why we wrote an implementation plan and made that
plan part of the actual ROD."
Highlights of this plan include increasing aviator
awareness of community concerns, installing sonic boom
sensors at points throughout the Chesapeake Test Range and
improving the noise tracking and response system.
In addition, the plan calls for altering unmanned
aerial vehicle routes and changing the use of the outdoor
test facility on the Patuxent River. The plan also calls for
improving community coordination and notification.
-USN-
Supreme court decision:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=406&invol=797
CNO directive:
http://neds.daps.dla.mil/Directives/5090/twenty.pdf 
I would blame the BRAC team and not an occurance of low flying a/c or sonic booms that are going through testing which are the lively hood of the base.
next time
