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GREENPEACE USA v. STONE

No. 90-16260.

924 F.2d 175 (1991)

GREENPEACE USA, a California non-profit corporation; Stichting Greenpeace Council, sometimes known as Greenpeace International, a not-for-profit stichting incorporated in the Netherlands; Institute for the Advancement of Hawaiian Affairs, a Hawaii non-profit corporation; World Council of Indigenous Peoples — Hawaii, a Hawaii non-profit corporation; and Walter Keli Iokekai Paulo, an individual, Plaintiffs-Appellants, v. Michael P. STONE, Secretary of the Army; Richard Cheney, Secretary of the Department of Defense, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1991.

Attorney(s) appearing for the Case

Paul P. Spaulding, III, Sierra Club Legal Defense Fund, Inc., Honolulu, Hawaii, for plaintiffs-appellants.

Ann Peterson, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before: CHOY, SCHROEDER and PREGERSON, Circuit Judges.

ORDER

Plaintiffs filed this action in the district court in Hawaii to halt the contemplated removal from Germany of obsolete chemical weapons ("the European stockpile") and their transfer to Johnston Atoll for destruction. Plaintiffs alleged non-compliance with the National Environmental Policy Act, 42 U.S.C. §§ 4331 et seq. This is an appeal from the district court's denial of plaintiffs' application for a preliminary injunction to "restrain the...

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