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TINIAN WOMEN ASS'N v. UNITED STATES DEPT. OF NAVY

No. 18-16723.

976 F.3d 832 (2020)

TINIAN WOMEN ASSOCIATION; Guardians of Gani; Paganwatch; Center for Biological Diversity, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE NAVY; Ray Mabus, Secretary of the Navy; United States Department of Justice; United States Department of Defense; Patrick Shanahan, Acting United States Secretary of Defense, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2020.

Attorney(s) appearing for the Case

David L. Henkin (argued), Earthjustice, Honolulu, Hawaii, for Plaintiffs-Appellants.

Thekla Hansen-Young (argued), Andrew C. Mergen , Joshua Wilson , and Taylor Ferrell , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey Bossert Clark , Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice; Craig D. Jensen , Associate General Counsel (Litigation); Cara M. Johnson , Attorney; United States Department of the Navy, Washington, D.C.; for Defendants-Appellees.

Before: M. Margaret McKeown, Andrew D. Hurwitz, and Bridget S. Bade, Circuit Judges.

OPINION

This case surfaces in the wake of the Navy's decision to relocate troops from Okinawa, Japan to Guam, pursuant to treaty obligations with Japan. In October 2005, the United States and Japan signed the U.S.-Japan Alliance Agreement (the "Agreement") to "adapt [their] alliance to the changing regional and...

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