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SIERRA CLUB v. LEHMAN

No. 86-2816.

825 F.2d 1366 (1987)

SIERRA CLUB, a California nonprofit corporation; Nevada Outdoor Recreational Association, a Nevada nonprofit corporation, Plaintiffs-Appellants, v. John LEHMAN, as Secretary of the Navy; and, Elizabeth Dole, as Secretary of Transportation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1987.

As Amended on Denial of Rehearing November 10, 1987.

Attorney(s) appearing for the Case

Laurens H. Silver, San Francisco, Cal., for plaintiffs-appellants.

Anne S. Almy, Washington, D.C., for defendants-appellees.

Before SKOPIL, FARRIS and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

The Sierra Club and the Nevada Outdoor Recreational Association brought suit against the Secretary of the Navy and the Secretary of Transportation, alleging that the Secretary of the Navy acted ultra vires in allocating navigable airspace without the approval of the Federal Aviation Administration. The district court granted summary judgment for the defendants, and we affirm.

FACTS AND PROCEEDINGS BELOW

Naval Air...

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