O'NEILL
City of Sausalito v. O'NEILL
Opinion
Opinion
Laporte, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
I. INTRODUCTION
In October 1999, Defendant. National Park Service issued the Final Environmental Impact Statement addressing the plan for the future use of Fort Baker. A former military base, Fort Baker is situated a few miles to the south and west of the City of Sausalito, California, near the north end of the Golden Gate Bridge. The Final Environmental Impact Statement focuses on new uses for historic buildings at Fort Baker, expansion of the Bay Area Discovery Museum, visitor recreation and the protection, restoration and maintenance of natural areas.
On May 10, 2001, Plaintiff City of Sau-salito filed this action, concerned that the plan selected would entail excessive development, including a large hotel and conference center, that would increase traffic and otherwise negatively effect the City. Specifically, the City alleges that the Final Environmental Impact Statement is unlawful and violates the National Environmental Policy Act, 42 U.S.C. §§ 4321-4347 , the Endangered Species Act, 16 U.S.C. §§ 1531-1544 , the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 , the…