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FRIENDS OF THE EARTH v. U.S. NAVY

No. 87-4304.

841 F.2d 927 (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 March 7, 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:

The appellants, Friends of the Earth and other environmental organizations (FOE), appeal the denial of their motion to preliminarily and permanently enjoin construction of the United States Navy's proposed homeport in Everett, Washington on Puget Sound. FOE alleges that by commencing construction prior to termination of review proceedings concerning a Shoreline Management Act permit, the Navy is in violation of the National Defense Authorization...

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