Ground Zero Center For Non-Violent Action v. United States Department Of The Navy

383 F.3d 1082 GROUND ZERO CENTER FOR NON-VIOLENT ACTION; Waste Action Project; Washington Physicians for Social Responsibility; Cascadia Wildlands Project; Peace Action of Washington; Mary Fleysteen; Glen Milner, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE NAVY; Duane Baker, Jr., Captain, Commanding Officer, Naval Submarine Base, Bangor; Bruce A. Gustion, III, Captain, Commanding Officer, Strategic Weapons Facility, Pacific, Naval Submarine Base, Bangor, Defendants-Appellees. No. 02-36096. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 2004. Filed September 21, 2004. David S. Mann, Gendler & Mann, LLP, Seattle, WA, for the plaintiffs-appellants. Kathryn E. Kovacs, U.S. Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Franklin D. Burgess, District Judge, Presiding. D.C. No. CV-01-05339-FDB. Before BRUNETTI, McKEOWN, and GOULD, Circuit Judges. GOULD, Circuit Judge: 1 At issue is a challenge under the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq., and the…