GROUND ZERO CENTER v. U.S. DEPT. OF NAVY

No. 14-35086.

860 F.3d 1244 (2017)

GROUND ZERO CENTER FOR NON-VIOLENT ACTION, a Washington non-profit corporation; Washington Physicians for Social Responsibility, a Washington non-profit corporation; Glen Milner, an individual, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF the NAVY; Raymond E Mabus, Jr., in his official capacity as Secretary of the Navy; Roger M Natsuhara, in his official capacity as Principal Deputy Assistant Secretary of the Navy; Terry J. Benedict, Rear Admiral, in his official capacity as Director of Navy Strategic Systems Programs; Pete Dawson, Captain, in his official capacity as Commanding Officer of Naval Base Kitsap; Christine Stevenson, in her official capacity as Project Manager at Naval Facilities Engineering Command Northwest, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2017.


Attorney(s) appearing for the Case

Katherine George (argued), Harrison-Benis LLP, Seattle, Washington; James E. Lobsenz (argued), Carney Badley Spellman P.S., Seattle, Washington; for Plaintiffs-Appellants.

John David Gunter, II (argued) and Luther L. Hajek , Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

David S. Mann , Gendler & Mann LLP, Seattle, Washington, for Amici Curiae Allied Daily Newspapers of Washington and Society of Environmental Journalists.

Before: Susan P. Graber, Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.


OPINION

We consider, principally, the adequacy of the United States Department of the Navy's ("Navy's") Environmental Impact Statement ("EIS") for the expansion of a TRIDENT nuclear submarine operating center. We also address whether a district court order restricting...

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