O'Neill

City of Sausalito v. O'Neill

Good Law
386 F.3d 1186·2004 WL 2348385
United States Court of Appeals for the Ninth CircuitOctober 20, 2004No. 02-16585California16,649 words

Opinion

Lead Opinion

Fletcher, J.

The City of Sausalito, California, brings suit to enjoin the National Park Service from implementing its plans for the development and rehabilitation of Fort Baker, a former military base near Sausalito. Sau-salito contends that the National Park Service, the National Marine Fisheries Service, and the United States Fish and Wildlife Service have violated numerous environmental and conservation-oriented statutes, including the National Environmental Policy Act, 42 U.S.C. §§ 4321-4347 ; the Endangered Species Act, 16 U.S.C. §§ 1531-1544 ; the Coastal Zone Management Act, 16 U.S.C. §§ 1452-1465 ; the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712 ; the Marine Mammal Protection Act, 16 U.S.C. §§ 1371 -1421h; the National Park Service Concessions Management Improvement Act, 16 U.S.C. § 5951 , et seq.; the Omnibus Parks and Public Lands Management Act of 1996, 16 U.S.C. § 17o; the National Park Service Organic Act, 16 U.S.C. §§ 1 -18Í-3; the Act creating the Golden Gate National Recreation Area, 16 U.S.C. § 460bb; and the Administrative Procedure Act, 5 U.S.C. §§ 701-706 .

The magistrate judge, hearing the case by consent, granted summary judgment for Defendants, holding that…

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