Earthjustice August 21, 2017
Appeals Court Affirms Right to Sue U.S. Military over Impacts of New Military Base
Rare Japanese dugongs one step closer to finally getting their day in court
San Francisco —
Today, the 9th Circuit U.S. Court of Appeals affirmed the right of American and Japanese conservation groups and Okinawan citizens to sue to compel the U.S. military to fully consider the impacts of a new U.S. military base in Okinawa, Japan. The base would pave over some of the last remaining habitat for endangered Okinawa dugongs, ancient cultural icons for the Okinawan people. The lawsuit is part of a long-running controversy over the expansion of a U.S. Marine air base at Okinawa’s Henoko Bay. Preliminary construction on the base began earlier this year.
After conservation groups and Okinawan community members brought suit to challenging the U.S. government’s inadequate assessment of the proposed new military base’s impacts on the dugong, including failure to consult with the relevant stakeholders or adequately consider all possible effects on the dugong as required by law, the government argued that the district court could not consider the case because of its foreign policy implications. The court of appeals today disagreed, holding that the plaintiffs had standing to sue, and that the fact that the case related to a project in another country did not give the government license to ignore the requirements of U.S. law. The court remanded the case to the district court for further proceedings.
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Appeals Court Affirms Right to Sue U.S. Military over Impacts of New Military Base
Rare Japanese dugongs one step closer to finally getting their day in court
San Francisco —
Today, the 9th Circuit U.S. Court of Appeals affirmed the right of American and Japanese conservation groups and Okinawan citizens to sue to compel the U.S. military to fully consider the impacts of a new U.S. military base in Okinawa, Japan. The base would pave over some of the last remaining habitat for endangered Okinawa dugongs, ancient cultural icons for the Okinawan people. The lawsuit is part of a long-running controversy over the expansion of a U.S. Marine air base at Okinawa’s Henoko Bay. Preliminary construction on the base began earlier this year.
After conservation groups and Okinawan community members brought suit to challenging the U.S. government’s inadequate assessment of the proposed new military base’s impacts on the dugong, including failure to consult with the relevant stakeholders or adequately consider all possible effects on the dugong as required by law, the government argued that the district court could not consider the case because of its foreign policy implications. The court of appeals today disagreed, holding that the plaintiffs had standing to sue, and that the fact that the case related to a project in another country did not give the government license to ignore the requirements of U.S. law. The court remanded the case to the district court for further proceedings.
read more
