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HUDSON RIVER SLOOP CLEARWATER, INC. v. DEPT. OF NAVY

No. 188, Docket 89-6121.

891 F.2d 414 (1989)

HUDSON RIVER SLOOP CLEARWATER, INC., The Sierra Club, Inc., Friends of the Earth, Inc., American Littoral Society, Inc., Physicians For Social Responsibility/NYC, Inc., New York Public Interest Research Group, Inc., New York Lawyers Alliance For Nuclear Arms Control, Miriam Friedlander, Member of the New York City Council, Ruth W. Messinger, Member of the New York City Council, Carol Greitzer, Member of the New York City Council, Julia Harrison, Member of the New York City Council, Arthur Katzman, Member of the New York City Council, Carolyn B. Maloney, Member of the New York City Council, Stanley E. Michels, Member of the New York City Council, Dr. E. Thomas Henkel, Robert McAndrew, and John Worlock, Plaintiffs-Appellants, v. DEPARTMENT OF the NAVY, William L. Ball, III, as Secretary of the Department of the Navy, Everette Pyatt, as Assistant Secretary of the Department of the Navy, Admiral Carisele A.H. Trost, as Chief of Naval Operations, Department of Defense, Frank Carlucci, as Secretary of the Department of Defense and Jack Katzen, as Assistant Secretary of the Department of Defense, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 5, 1989.

Attorney(s) appearing for the Case

Leonard M. Marks, New York City (Alan R. Friedman, Thomas P. McCaffrey; Gold, Farrell & Marks, New York City, of counsel), for plaintiffs-appellants.

Robin Greenwald, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for defendants-appellees.

Henry Mark Holzer, Brooklyn Law School, Brooklyn, N.Y. (Local Counsel); Daniel J. Popeo, Paul D. Kamenar, Washington Legal Foundation, Washington, D.C., filed a brief for amici curiae Washington Legal Foundation and Allied Educational Foundation in Support of appellees.

Before CARDAMONE and MAHONEY, Circuit Judges and POLLACK, District Judge.

CARDAMONE, Circuit Judge:

With visions of the tragic consequences that eventuated in December 1941 when an entire naval fleet congregated in one harbor, the Navy has since emphasized dispersal. In 1982 it adopted the Strategic Homeport Concept that effectively divides the U.S. fleet into smaller action groups and places them in ports and harbors scattered geographically. The hope is that this approach will improve the Navy's ability to respond and decrease its vulnerability...

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