McClellan Ecological Seepage Situation Mary Fisher Charles Yarbrough v. William J. Perry, Secretary of the United States Department of Defense, McClellan Ecological Seepage Situation Mary Fisher Charles Yarbrough v. William J. Perry, Secretary of the United States Department of Defense

47 F.3d 325 39 ERC 2089 , 63 USLW 2543 , 25 Envtl. L. Rep. 20,628 McCLELLAN ECOLOGICAL SEEPAGE SITUATION; Mary Fisher; Charles Yarbrough, Plaintiffs-Appellants, v. William J. PERRY, * Secretary of the United States Department of Defense, Defendant-Appellee. McCLELLAN ECOLOGICAL SEEPAGE SITUATION; Mary Fisher; Charles Yarbrough, Plaintiffs-Appellees, v. William J. PERRY, * Secretary of the United States Department of Defense, Defendant-Appellant. Nos. 91-16308, 91-16467. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 9, 1994. Decided Jan. 30, 1995. Michael Axline, Western Natural Resource Law Clinic, Eugene, OR, for plaintiffs-appellants-appellees. Ellen J. Durkee, U.S. Dept. of Justice, Washington, DC, for defendant-appellee-appellant. Appeals from the United States District Court for the Eastern District of California. Before: FLETCHER, ALARCON and CANBY, Circuit Judges. CANBY, Circuit Judge: 1 This is an action brought by McClellan Ecological Seepage Situation ("MESS") to require McClellan Air Force Base to comply with various environmental laws. The district court ruled against MESS and MESS appealed. The Secretary of Defense cross-appealed on the…