Holland & Knight Successfully Obtains BRAC Victory for State of Pennsylvania
August 31, 2005
Michael Galano - Washington
Steven Gordon - Washington
Peter Murphy - Washington
Philadelphia, PA – International law firm Holland & Knight LLP has
announced that members of the firm’s Base Realignment and Closure (BRAC) and
Federal Practice teams – Peter Murphy, Steven Gordon and Michael Galano –
successfully represented the Commonwealth of Pennsylvania in a case surrounding
the 111th Fighter Wing of the Air National Guard, stationed at the Naval Air
Station Joint Reserve Base in Willow Grove, Pennsylvania.
Pennsylvania Gov. Edward G. Rendell, along with Senators Arlen Specter and
Rick Santorum, filed suit, Rendell v. Rumsfeld, in federal court July 11,
2005, alleging that the Department of Defense’s recommendation to deactivate the
111th Fighter Wing of the Pennsylvania National Guard violates federal law
because any change to a state’s national guard requires the Governor’s consent.
The action arose under the “militia clause” of the United States Constitution
and is intended to supplement the commonwealth’s arguments before the BRAC
Commission.
The Pentagon had recommended that the Pennsylvania National Guard’s 111th
Fighter Wing, with more than 1,000 personnel, be deactivated. On Friday, August
26, U.S. District Judge John R. Padova ruled that Defense Secretary Donald H.
Rumsfeld needed Gov. Edward Rendell’s consent before moving to close the 111th.
Peter M. Murphy, who led the Holland & Knight legal team for the
Commonwealth, was the General Counsel of the United States Marine Corps for 20
years before joining the law firm in 2004. Prior to entering private practice,
Mr. Murphy dealt closely with high-level government officials, including the
Secretary of the Navy and senior members of the Office of the Secretary of
Defense. Mr. Murphy has served as a front-line advocate for the Marine Corps
with Congress, dealing with Members and drafting and shepherding critical
legislation. As the general counsel for a $19 billion enterprise, Mr. Murphy’s
advice has encompassed a myriad of issues, from sensitive personnel issues to
complex weapons systems development and acquisition to environmental concerns
associated with worldwide military operations and homeland security.
Contact: Sonja Gregg-Phelps, (202) 419-2576