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United States Tenth Circuit


LEE v. US AIR FORCE, 02-2306

The environmental impact statement concerning a proposal to permit the German Air Force to station 30 additional fighter aircraft at Holloman Air Force Base did not violate the National Environmental Policy Act by limiting its alternatives analysis to those available at Holloman, and its analysis of specific impacts was not deficient. As private parties, plaintiffs lack standing to challenge Case-Zablocki Act violations.

Appellate Information

  • Decided 01/12/2004
  • Published 01/12/2004

Judges

  • STEPHEN H. ANDERSON, Circuit Judge., Before TACHA, Chief Circuit Judge, ANDERSON and HENRY, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Frank M. Bond (Faith Kalman Reyes with him on the briefs), The Simons Firm, LLP, Santa Fe, NM, for Plaintiffs-Appellants.

  • For Appellees:
  • Joseph D. Jacobson, Lt. Col., United States Air Force, Arlington, VA (David C. Iglesias, United States Attorney, Albuquerque, NM;  Raymond Hamilton, Assistant United States Attorney, Albuquerque, NM;  Charles C. Killion, Major, Special Assistant United States Attorney, United States Air Force, Arlington, VA;  Kenneth M. Theurer, Major, United States Air Force, Arlington, VA, on the brief), for Defendants-Appellees.
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