Center for Biological Diversity v. Mattis

by
Plaintiffs challenged the Government's approval of the location, construction, and specifications for a military base in Okinawa, Japan. Plaintiffs sought claims for declaratory and injunctive relief based on the Government's alleged violations of Section 402 of the National Historic Preservation Act (NHPA), 54 U.S.C. 307101(e), and the Administrative Procedure Act (APA), 5 U.S.C. 701 et seq. The Ninth Circuit held that plaintiffs have standing to bring declaratory relief claims limited to whether the Government's evaluation, information gathering, and consultation process discharged the Government's obligations under the NHPA and otherwise satisfied the requirements of the APA. The panel also held that plaintiffs' injunctive relief claim did not present a political question. Accordingly, the panel affirmed the district court's conclusion that plaintiffs' claims for declaratory and injunctive relief did not present a political question; reversed the district court's conclusion that plaintiffs lacked standing to seek declaratory relief; and reversed the district court's conclusion that plaintiffs' claim for injunctive relief presented a political question. The panel remanded for further proceedings. View "Center for Biological Diversity v. Mattis" on Justia Law