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Ilio'ulaokalani Coalition v. Rumsfeld

ELR Citation: 36 ELR 20204
Nos. No. 05-15915, (9th Cir., 10/05/2006)

The court held that the U.S. Army violated the National Environmental Policy Act in connection with its proposal to transform the 2nd Brigade into a quick-response unit in Hawaii. The local groups challenging the proposal did not waive their right to challenge the sufficiency of the Army's consideration of reasonable alternatives. The Army had independent knowledge of the very issue that concerned the groups in this case, such that "there is no need for a commentator to point them out specifically in order to preserve its ability to challenge a proposed action." Moreover, the Army's consideration of alternatives was in fact deficient. The Army never explained its decision to not consider alternatives involving transforming the 2nd Brigade outside of Hawaii. On remand, the Army must produce a supplemental analysis of alternative locations in a supplemental site-specific environmental impact statement.