Laine

DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

George and Janice Laine and four other residents of Seal Beach are plaintiffs in this action for injunctive relief, seeking to enjoin operations at the United States Seal Beach Naval Weapons Station, Department of Defense, until such time as the Navy (1) files an Environmental Impact Statement (EIS) and (2) removes the “public nuisance” plaintiffs allege exists at the facility. Jurisdiction is founded on 28 U.S.C. § 1331 (existence of a Federal question), the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., and the Court’s claimed pendent jurisdiction over state controversies arising out of the same matters alleged in support of the Federal question jurisdiction. The matter is presently before the Court on the defendants’ motion to dismiss or in the alternative for summary judgment. Because the Court is considering matters outside the pleadings, it shall treat the motion as one for summary judgment and dispose of it as provided by Rule 56 of the Federal Rules of Civil Procedure.

Background

The United States Naval Weapons Station at Seal Beach began operations in November 1944 and has…