A Whidbey Island anti-jet-noise group notified the U.S. Navy and the U.S. Fish and Wildlife Service this week of its intent to sue over the alleged impacts Navy EA-18G Growlers have on the local population of marbled murrelets.

The Citizens of Ebey’s Reserve argues that the two federal agencies failed to fully account in Environmental Impact Statements for the effect Growler noise may have on the small seabirds, according to a Friday press release. Specifically, the group questions the adequacy of the environmental study for the expansion of Growler jets at Whidbey Island Naval Air Station and the study of the Northwest Training and Testing area.

The action is separate from the previous federal lawsuit COER and the state Attorney General’s Office filed against the Navy over the increase in Growler training at Outlying Field Coupeville and elsewhere. The judge in that case found that the Navy “turned a blind eye” to some evidence; the Navy was required to complete a new EIS.

While that older lawsuit was over violation of the National Environmental Protection Act, the new action alleges violations of the Endangered Species Act.

COER points out that marbled murrelets feed at sea but nest inland in old growth forests of the Olympic peninsula, “flying sometimes a hundred or more miles each day to incubate their single egg and feed the hatchling.” The birds are listed as endangered by the states in Washington and Oregon.

COER president Robert Wilbur argues that “Growler noise harassment” may be the reason the continued decline in murrelet populations in Washington is so much worse than what is happening with the subpopulations in Oregon and California.

Maryon Attwood of Sound Defense Alliance said in a press release that the days are gone when species are considered expendable.

“Growler noise is invading our remaining old growth forests, harming this seabird’s ancestral habitat, and interfering with the murrelet’s ability to hunt for food and raise their chicks,” she said. “The murrelets cannot move their home in the Olympic Peninsula out of harm’s way, but the Navy can move its jet practice.”

Under federal law, the federal agencies have 60 days to consider and possibly respond to COER’s notice. Wilbur said the group welcomes any opportunity to discuss a possible resolution, but he’s unsure about what the response might be.