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GROUND ZERO CENTER FOR NON-VIOLENT ACT. v. US NAVY

No. 02-36096.

383 F.3d 1082 (2004)

GROUND ZERO CENTER FOR NON-VIOLENT ACTION; Waste Action Project; Washington Physicians for Social Responsibility; Cascadia Wildlands Project; Peace Action of Washington; Mary Fleysteen; Glen Milner, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE NAVY; Duane Baker, Jr., Captain, Commanding Officer, Naval Submarine Base, Bangor; Bruce A. Gustion, III, Captain, Commanding Officer, Strategic Weapons Facility, Pacific, Naval Submarine Base, Bangor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2004.

Attorney(s) appearing for the Case

David S. Mann, Gendler & Mann, LLP, Seattle, WA, for the plaintiffs-appellants.

Kathryn E. Kovacs, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.

Before BRUNETTI, McKEOWN, and GOULD, Circuit Judges.

GOULD, Circuit Judge:

At issue is a challenge under the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq., and the Endangered Species Act ("ESA"), 16 U.S.C. § 1531 et seq., to the United States Navy's ("Navy") Trident II missile upgrade program at its submarine base in Bangor, Washington. Appellants Ground Zero Center for Nonviolent Action, Waste Action Project, Washington...

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