United States Ninth Circuit

In a case alleging First Amendment and National Environmental Protection Act violations by the U.S. Coast Guard in establishing safety zones insulating a private super-ferry from blockade by local protesters, denial of declaratory judgment is affirmed despite plaintiff's standing to sue where: 1) the safety zones established by the Coast Guard did not violate the First Amendment; and 2) the Coast Guard need not consider the secondary environmental effects of the super-ferry itself in the decision to establish safety zones.

Appellate Information

• Decided 09/05/2008
• Published 09/05/2008

Judges

• WARDLAW, Circuit Judge:, Before:  DAVID R. THOMPSON and KIM McLANE WARDLAW, Circuit Judges, and SUSAN R. BOLTON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lanny Sinkin, Hilo, HI, for the plaintiffs-appellants.


• For Appellees:
  
• Edward H. Kubo, Jr., United States Attorney, Lawrence L. Tong and Derrick K. Watson, Assistant United States Attorneys, Honolulu, HI, for the defendants-appellees.