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Aluli v. Brown

Citation: 9 ELR 20597
No. No. 78-1364, 602 F.2d 876/13 ERC 1382/(9th Cir., 07/09/1979) Rev'd

The Ninth Circuit Court of Appeals reverses a lower court's injunctive order, 7 ELR 20780, requiring the United States Navy to file annual environmental impact statements in conjunction with its appropriations requests for practice bombing on the Island of Kahoolawe. The Supreme Court's recent decision in Andrus v. Sierra Club establishes that the district court erred in holding that yearly appropriations requests for the bombing operations constituted proposals for major federal action under the National Environmental Policy Act.

Counsel for Appellants
Thomas A. Morrison, Ass't U.S. Attorney
Federal Bldg., 300 Ala Moana Blvd., Honolulu HA 96850
(808) 546-7170

Counsel for Appellees
Joel E. August
Legal Aid Society of Hawaii
2287 Main St., Wailuku HA 96793
(808) 244-3731

Before BROWNING, CHOY and HUG, Circuit Judges.