A spokesman for Gov. Rendell said yesterday that the state would "vigorously" fight the appeal, filed Monday in the U.S. Court of Appeals for the Third Circuit in Philadelphia.

The 111th Fighter Wing of the Pennsylvania Air National Guard was on a nationwide list of units to be deactivated that the Pentagon submitted to the Base Closure and Realignment Commission (BRAC) in May.

Rendell and U.S. Sens. Rick Santorum and Arlen Specter sued, saying Guard units could not be deactivated without state consent. U.S. District Judge John R. Padova ruled in the state's favor in August.

Hours later, the BRAC approved recommendations transferring Naval and Marine Corps Reserve units at Willow Grove, but did not vote on disbanding the 111th.

It did, however, vote to strip the unit of its A-10 attack planes.

Since then, state officials have sought an agreement with Defense Secretary Donald H. Rumsfeld to allow the 111th to keep those planes. Without the aircraft, it is unclear what mission the 111th would have.

Rendell spokeswoman Kate Philips said the Pentagon appeal "doesn't necessarily mean they're not willing to continue discussions with us... . It remains to be seen."

By Marc Schogol, Philadelphia Inquirer, Oct 26, 2005 

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