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CENTER FOR BIOLOGICAL DIVERSITY v. ESPER

No. 18-16836.

958 F.3d 895 (2020)

CENTER FOR BIOLOGICAL DIVERSITY; Turtle Island Restoration Network; Japan Environmental Lawyers Federation; Save the Dugong Foundation; Anna Shimabukuro; Takuma Higashionna; Yoshikazu Makishi, Plaintiffs-Appellants, v. Mark ESPER, Secretary of Defense; United States Department of Defense, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2020.

Attorney(s) appearing for the Case

Danny G. Thiemann (argued), Sarah H. Burt , and J. Martin Wagner , Earthjustice, San Francisco, California; for Plaintiffs-Appellants.

John L. Smeltzer (argued), Mark R. Haag , Peter Kryn Dykema , Taylor N. Ferrell , and Ragu-Jara "Juge" Gregg , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey Bossert Clark , Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Robert Smith and Cara M. Johnson , Office of General Counsel, Department of the Navy, Washington, D.C.; for Defendants-Appellees.

Concurrence by Judge Bea

OPINION

In this environmental action, we are asked to consider two questions: (1) whether the Department of Defense, as part of a plan to construct a new base in Okinawa, Japan, complied with the procedural requirement that it "take into account" the effects of its proposed action on foreign property under Section...

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