9th Cir.;
15-15695

The court of appeals reversed a district court judgment and remanded. The court held that a non-profit environmental organization and others had standing to challenge the government's approval of plans for the construction of a new military base in Okinawa, and the political question doctrine did not bar their suit.

The U.S. Department of Defense approved the location, construction, and specifications for a military base in Okinawa, Japan. Center for Biological Diversity and others filed claims for declaratory and injunctive relief based on the government's alleged violations of §402 of the National Historic Preservation Act (NHPA) and the Administrative Procedure Act (APA). Plaintiffs alleged the government failed to “take into account” the base's impact on cultural, aesthetic, economic, and environmental interests, including the threat posed to the Okinawa dugong, an endangered marine mammal.