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ILIOULAOKALANI COALITION v. RUMSFELD

No. 05-15915.

464 F.3d 1083 (2006)

`ILIO`ULAOKALANI COALITION, a Hawaii nonprofit corporation; Na `Imi Pono, a Hawaii unincorporated association; Kipuka, a Hawaii unincorporated association, Plaintiffs-Appellants, v. Donald H. RUMSFELD, Secretary of Defense; Francis J. Harvey, Dr., Secretary of the United States Department of the Army, Defendants-Appellees, and Les Brownlee, Acting Secretary of the United States Department of the Army, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed October 5, 2006.

Attorney(s) appearing for the Case

David L. Henkin, Earthjustice, Honolulu, HI, argued the case for Appellants `Ilio`ulaokalani, Na `Imi Pono, and Kipuka; Isaac H. Moriwake was on the briefs for Appellants.

Michael T. Gray, Department of Justice, Washington, D.C., argued the case for Appellees Donald H. Rumsfeld, Secretary of Defense and Francis J. Harvey, Secretary of the United States Department of the Army; Kelly A. Johnson, Acting Assistant Attorney General, John L. Smelzer, Department of Justice, and Barry A. Weiner, Department of Justice, were on the briefs for Appellees.

Before B. FLETCHER, THOMPSON, and BEA, Circuit Judges.

Opinion by Judge BETTY B. FLETCHER; Dissent by Judge BEA

BETTY B. FLETCHER, Circuit Judge.

This appeal requires us to assess whether the Army complied with the National Environmental Policy Act of 1969 ("NEPA"), 42 U.S.C. §§ 4321-4347 (2006), in planning its programs to modernize and streamline its forces, while simultaneously maintaining readiness. While the metamorphosis of the Army and the strategic planning accompanying this transformation is...

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