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Nov 25, 2014 · Will the court find that whenever the U.S. Department of Defense decides that national security and international relations are involved, U.S. courts have no jurisdiction over how DOD planning considers environmental impacts and addresses the concerns of the affected public?
In the updated version, the possible existence of dugongs around Okinawa’s islands is acknowledged in reference to survey outcomes of Okinawa Prefecture and the Ministry of the Environment (which again, were often based on reports of sightings and the findings of dugong trenches by citizens), as well as the recordings of potential dugong calls in Ōura Bay by the ODB (ibid. 6).
Aug 26, 2020 · On 25 September 2003, the dugong, an endangered marine mammal inhabiting waters off Okinawa, Japan, became a plaintiff in a lawsuit against the U.S. Department of Defense (DoD) over the construction of a U.S. Marine air facility.
- Claudia Junghyun Kim
- 2021
Aug 28, 2017 · In a recent decision, the 9th U.S. Circuit Court of Appeals has opened the doorway for protecting the Okinawan dugong by affirming that Turtle Island Restoration Network and our Japanese and U.S. partners have the right to sue to compel the U.S. to consider the impacts of a new U.S. military base in Okinawa, Japan.
A. The Okinawa Dugong The dugong is a species of marine mammal resembling a manatee. See Ctr. for Biological Diversity v. Hagel, 80 F. Supp. 3d 991,994 (N.D. Cal. 2015) (Okinawa Dugong III). Dugong populations are often small and isolated, and live only in saltwater. See generally 68 Fed. Reg. 70185 (Dec. 17, 2003). Dugongs have long lifespans ...
But whatever happens, the dugong court case sets a significant precedent for a number of reasons. First, the case established that a U.S. military project in Okinawa (and such projects elsewhere in Japan) must follow the same rigorous U.S. legal standards that apply in the United States.
Jan 19, 2019 · This Court has jurisdiction under 28 U.S.C. § 1291 (“ [t]he courts of appeals . . . shall have jurisdiction of appeals from all final decisions of the district courts of the United States”).
