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the district court’s conclusion that plaintiffs’ claim for injunctive relief presents a political question. We remand to the district court for further consideration of plaintiffs’ claims for declaratory and injunctive relief.2 I. Background and Procedural History A. The Okinawa Dugong The dugong is a species of marine mammal resembling
Miyume / “Okinawa Dugong” Case REPORT U.S. COURT RULES IN THE “OKINAWA DUGONG” CASE Implications for U.S. Military Bases Overseas Miyume Tanji ABSTRACT: In January 2008, a U.S. federal court in San Francisco ruled that the U.S. DefenseDepartment’splanstoconstructanewU.S.offshoreMarineairbaseinOki-
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Jan 24, 2008 · The dugong ( Dugong dugon) is a species of marine mammal related to the manatee. Joint Statement of Undisputed Facts ¶ 2 (hereinafter "Undisputed Facts"). The waters surrounding Okinawa Island are habitat for the dugong whose range extends the costal and territorial waters of many countries in the Far East. Id.
Jan 19, 2019 · appeals . . . shall have jurisdiction of appeals from all final decisions of the district courts of the United States”). On August 1, 2018, the district court granted the DoD’s cross-motion for summary judgment and entered final judgment. On September 24, 2018, pursuant to Federal Rule of Appellate Procedure 3(a) and within the time ...
§§ 701-706. The district court had jurisdiction pursuant to 28 U.S.C. § 1331, as this action arises under the laws of the United States. On February 13, 2015, the district court granted DoD’s motion to dismiss Plaintiffs’ First Supplemental Complaint and entered final judgment dismissing all . 1 Formerly codified at 16 U.S.C. §§ 470 et ...
Aug 15, 2008 · In January 2008, a U.S. federal court in San Francisco ruled that the U.S. Defense Department's plans to construct a new U.S. offshore Marine airbase in Okinawa violated the National Historic Preservation Act by not protecting a Japanese “national monument,” the endangered Okinawa dugong. This article discusses the background and trajectory ...
Feb 13, 2015 · Because the “NHPA does not provide an independent basis for judicial review of agency actions,” Dugong, 2005 WL 522106 at *5, Plaintiffs claimed that the Government's failure to “take into account” any potential effects on the dugongs was a violation of the APA, and specifically section 706, which provides that a court may “compel agency action unlawfully withheld or unreasonably ...
