United States v. 1,402 ACRES OF LAND

MEMORANDUM *

Defendants-Intervenors-Appellants ‘Ilio'ulaokalani Coalition, Na Tmi Pono, and Klpuka (“Appellants” or “Hawaiian Groups”) appeal from the district court’s denial of their motions under Fed.R.Civ.P. 59(e) and 60(b) to set aside a Stipulated Judgment as to Just Compensation and Order for Withdrawal of Funds on Deposit to finalize the condemnation of the South Range Acquisition Area (“SRAA”). Appellants argue that the district court erred in holding that (1) even if the condemnation violated the National Environmental *71 Policy Act of 1969 (“NEPA”), 42 U.S.C. §§ 4321-4347 (2006), the Army still was authorized to condemn the land; (2) Appellants’ lack of opportunity to argue their opposition to the court constitutes manifest injustice; and (3) Appellees’ failure to notify the court of Appellants’ opposition warrants setting aside the Stipulated Judgment.

We have jurisdiction under 28 U.S.C. § 1291 and review the district court’s denial of Appellants’ Rule 59(e) and 60(b) motions for abuse of discretion. See United States v. Washington, 394 F.3d 1152, 1157 (9th Cir.2005). The district court abused its discretion if it “misinterpreted [this court’s] precedents,” id. at…

I concur in the majority disposition. I do not concur regarding the use to which the land may be put. See ‘Ilio‘Ulaokalani Coalition v. Rumsfeld, 464 F.3d 1083 (9th Cir.2006) (Bea, J., dissenting).