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CANTRELL v. CITY OF LONG BEACH

No. 98-56940

241 F.3d 674 (2001)

Anne Cantrell, an individual; Lou Anna Denison, an individual; Kenneth N. Larkey, an individual; Collette Marie McLaughlin, an individual; Richard C. McLaughlin, an individual; Billie C. Schaeffer, an individual; Glen Underhill, an individual; Margherita Underhill, an individual, Plaintiffs-Appellants, v. City of Long Beach; City of Long Beach, acting by and through its Board of Harbor Commissioners as the Port of Long Beach; United States Department of the Navy; John W. Hancock; Roy E. Hearrean; John E. Kashiwabara, M.D.; George M. Murchison; Carmen O. Perez, Defendants-Appellees, and California State Lands Commission, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed February 5, 2001

Attorney(s) appearing for the Case

Richard I. Fine, Los Angeles, California, for the plaintiffs-appellants.

Dominic T. Holzhaus, Long Beach, California, and M. Katherine Jensen, Rutan & Tucker, Costa Mesa, California, for defendant-appellee City of Long Beach.

John K. Rubiner and Eliot Krieger, U.S. Attorney's Office, Los Angeles, California, for the defendant-appellee United States Department of the Navy.

Before: Stephen REINHARDT and Marsha S. BERZON, Circuit Judges, and Charles R. BREYER, District Judge.

Argued and Submitted June 6, 2000 — Pasadena, California

REINHARDT, Circuit Judge:

This appeal raises issues relating to environmental standing under the National Environmental Policy Act ("NEPA") and state taxpayer standing. We hold that the appellants have standing to challenge the adequacy of the Navy's Environmental Impact Statement under NEPA, but have not established taxpayer standing sufficient to bring their state law claims in federal court...

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