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FRIENDS OF THE EARTH v. U.S. NAVY

No. 87-4304.

850 F.2d 599 (1988)

FRIENDS OF THE EARTH, a New York non-profit corporation; Pilchuck Audubon Society, a Washington non-profit corporation; Puget Sound Alliance, a Washington non-profit corporation; Seattle Audubon Society, a Washington non-profit corporation; Sierra Club, a California non-profit corporation; Washington Environmental Council, a Washington non-profit corporation, Plaintiffs-Appellants, v. UNITED STATES NAVY, an agency of the United States and; James H. Webb, Jr., in his capacity as Secretary of the Navy, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1988.

Attorney(s) appearing for the Case

Victor M. Sher, Sierra Club Legal Defense Fund, Inc., Seattle, Wash., for plaintiffs-appellants.

J. Carol Williams, Dept. of Justice Land & Natural Resources Div., Washington, D.C., for defendants-appellees.

Before SKOPIL, REINHARDT, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

On March 7, 1988, we filed an opinion in which we held:

[T]he Navy is permanently enjoined from obligating or expending any funds for the construction of the Everett homeport until a Shoreline Management Act permit has been issued. This permit will not be considered issued until it has been approved after review by the Shorelines Hearings Board.

Friends of the Earth v. United States Navy, 841 F.2d 927...

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