A U.S. Coast Guard rescue helicopter moved from Newport to North Bend last month has been returned at least temporarily under the order of a federal court judge.
By SHAYLA ESCUDERO/Lincoln Chronicle
A federal judge in Eugene on Monday issued a two-week extension of her order on a temporary injunction keeping the U.S. Coast Guard’s rescue helicopter in Newport.
U.S. District Court Judge Ann Aiken extended her order, which was going to expire Monday, and said she would make a final ruling on a lawsuit attempting to stop the helicopter’s transfer to North Bend by Dec. 22.
After reading last week that the Coast Guard promised Oregon Sens. Jeff Merkley and Ron Wyden it would keep the helicopter in Newport, Aiken expressed surprise during Monday’s 1½-hour hearing that government lawyers wouldn’t agree to something more permanent.
The Newport-based helicopter was relocated to North Bend in October without a congressionally-required notice, prompting a federal lawsuit by Newport Fishermen’s Wives, Lincoln County and Oregon Attorney General Dan Rayfield just as the treacherous winter crabbing season is about to begin.
The lawsuit follows a similar court battle from 2014 when the Fishermen’s Wives and the county successfully fought closure of the air base in Newport. Congress subsequently required that Homeland Security provide notice of the move and opportunities for the public before changes at the air base.
Aiken on Nov. 24 issued a temporary restraining order and told the Coast Guard to temporarily return the helicopter, which it did.
“By their own merits they do not dispute that none of the procedural requirements were followed,” said Eric Brickenstein, a Portland attorney representing the Fisherman’s Wives.
North Bend’s helicopter and crew were deployed to San Diego for “flying missions along the border, looking for anyone attempting to cross the border illegally,” according to depositions by Coast Guard officials conducted by the attorney general’s office.
This resulted in Newport’s helicopter being moved to North Bend to cover the south and central Oregon coasts. The only other Coast Guard air station on the Oregon coast is in Astoria. North Bend’s helicopter shortened its San Diego deployment to comply with the court’s temporary restraining order and to re-station the Newport helicopter.
Assistant U.S. Attorney Susanne Luse argued that individual parties do not have the right to sue the federal government to force changes to its operations. Luse began her argument by playing a video of Coast Guard Capt. Kent Reinhold’s deposition, which already had been submitted to the record through transcribed documents.
But Aiken cut in to say the deposition was not new information and “this isn’t an issue we are dealing with today,” before asking Luse to cut the video short and give her arguments.
Luse did not directly address the issue of the government not following regulations and attempted to draw attention to other details in the case.
“Lay your argument … I don’t think you are entirely touching on what this hearing is about,” Aiken said.
AikenAiken said she had seen the news that Wyden and Merkley had spoken with Kevin Lunday, acting commandant of the Coast Guard, and Sean Plankey, a U.S. Department of Homeland Security adviser, last Thursday, where they promised the helicopter was back to stay. The judge was surprised that the Coast Guard wasn’t going to submit a stipulation or agreement.
“I’m sort of stunned I’m hearing what I’m hearing,” she said.
The Coast Guard had concerns about an order keeping the helicopter in Newport because it may need to be used for other missions like counterterrorism, Luse said.
Luse argued that the Coast Guard had many other goals besides search and rescue and there was a “chessboard” of resources to fulfill those other missions. She also argued that there was never an intention to close the base, so the Coast Guard was not required to notify Congress and the community and meet other statutory regulations.
But the statutory requirement didn’t just cover a possible closure of the base, but any big change in staffing and operations, the plaintiffs’ attorneys argued. Aiken echoed this interpretation and ordered a 14-day extension to her temporary restraining order keeping the helicopter in Newport and said a formal written order would follow.
- Shayla Escudero covers Lincoln County government, Newport, education, housing and social services for Lincoln Chronicle and can be reached at [email protected]
Excellent coverage of this litigation. Judge Aiken seems clearly planning to make the injunction permanent. She reminded the government several times that it didn’t follow the statute.
Susan Elizabeth Reese Painter, Newport
It’s kinda poignant that some people still have the naive notion that what used to be the American system of law and order is still operating in our country in 2025, despite the irrefutable evidence in recent years of flagrant abuse of our legal system and more importantly, the biased takeover of our system of “checks and balances.”
The judge is a woman. She could get steamrollered for that alone. Many Americans are still not understanding how rabid the whole ICE offensive is — there is an ever-increasing list of Trump supporters with tire tracks on their backs from being thrown under the bus. Get it: Trump doesn’t give a damn about the safety of fishermen and tourists. His personal agenda will take any and all means of satisfying his whims and caprices. And it’s only been less than a year.
Good luck, Judge Aiken, with doing the right thing despite the ominous veiled threats to which you will no doubt be subjected, with the object of persuading you to do the right thing.