Brown

Environmental Coalition of Ojai v. Brown

Good Law
72 F.3d 1411·1995 WL 764249
United States Court of Appeals for the Ninth CircuitDecember 29, 1995No. 94-56164California3,197 words

Opinion

Lead Opinion

Alarcon, J.

The Environmental Coalition of Ojai and others (collectively the “Coalition”) appeal from the district court’s order granting summary judgment in favor of the Secretaries of Commerce, Defense and Transportation and the Director of the Joint System Program Office (“JSPO”) (collectively the “Government”) in the Coalition’s action for declaratory and injunctive relief. The Coalition sought a judicial declaration that the Government violated the National Environmental Policy Act of 1969 (“NEPA”), 42 U.S.C. § 4321 , et seq., and an injunction enjoining the further construction and operation of the Doppler Radar Weather Station project on Sulphur Mountain in Ojai, California.

We affirm because we conclude that the Government complied with NEPA.

I.

Pursuant to the Weather Service Modernization Act, the National Weather System is modernizing its forecasting technology. Part of this modernization includes the construction of numerous Next Generation Weather Radar (“NEXRAD”) systems throughout the country. 1 To date, 55 systems have been constructed and are currently being operated. As is required by NEPA, the National Oceanic and Atmospheric Administration (“NOAA”) conducted a…

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