United States Ninth Circuit

In a suit challenging the Army's proposal to transform the 2nd Brigade stationed in Hawaii into a quick-response unit on the grounds that the Army failed to meet NEPA requirements, summary judgment for the Army is reversed in part where the plaintiffs did not waive their right to challenge the sufficiency of the Army's consideration of reasonable alternatives, and the Army's consideration of alternatives was in fact deficient. The case is remanded to require the Army to produce a supplemental analysis of alternative locations in a supplemental Site-specific Environmental Impact Statement.

Appellate Information

• Argued 12/06/2005
• Decided 10/05/2006
• Published 10/05/2006

Judges

• Before B. FLETCHER, THOMPSON, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David L. Henkin, Earthjustice, Honolulu, HI, argued the case for Appellants ‘Ilio‘ulaokalani, Na ‘Imi Pono, and Kipuka;  Isaac H. Moriwake was on the briefs for Appellants.


• For Appellees:
  
• Michael T. Gray, Department of Justice, Washington, D.C., argued the case for Appellees Donald H. Rumsfeld, Secretary of Defense and Francis J. Harvey, Secretary of the United States Department of the Army;  Kelly A. Johnson, Acting Assistant Attorney General, John L. Smelzer, Department of Justice, and Barry A. Weiner, Department of Justice, were on the briefs for Appellees.