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Anne Cantrell, an Individual Lou Anna Denison, an Individual Kenneth N. Larkey, an Individual Collette Marie McLaughlin an Individual Richard C. McLaughlin an Individual Billie C. Schaeffer, an Individual Glen Underhill, an Individual Margherita Underhill, an Individual v. City of Long Beach City of Long Beach, Acting by and Through Its Board of Harbor Commissioners as the Port of Long Beach United States Department of the Navy John W. Hancock Roy E. Hearrean John E. Kashiwabara, M.D. George M. Murchison Carmen O. Perez, and California State Lands Commission

Citations: 241 F.3d 674; 2001 Cal. Daily Op. Serv. 1018; 2001 Daily Journal DAR 1351; 31 Envtl. L. Rep. (Envtl. Law Inst.) 20438; 51 ERC (BNA) 1993; 2001 U.S. App. LEXIS 1538Docket: 98-56940

Court: Court of Appeals for the Ninth Circuit; February 4, 2001; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by environmental advocates against the City of Long Beach and the U.S. Department of the Navy regarding environmental issues related to the closure and redevelopment of the Long Beach Naval Station. The appellants challenge the adequacy of the Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA), asserting that it fails to address the environmental impacts adequately and limits the range of alternatives considered. The Ninth Circuit Court examined two primary legal questions: environmental standing under NEPA and state taxpayer standing. The court affirmed that the appellants have standing under NEPA, as they have a concrete interest in observing the bird habitats affected by the redevelopment. However, the appellants lack standing for state law claims in federal court, as they could not demonstrate a direct injury from tax dollar expenditures. Despite the destruction of historic buildings and bird habitats, the court ruled that the case is not moot, as further environmental review could provide effective relief. The court reversed the dismissal of the NEPA claim and remanded the case for further proceedings, while affirming the dismissal of the state law claims due to insufficient taxpayer standing.

Legal Issues Addressed

Environmental Standing under NEPA

Application: The appellants have the right to contest the Navy's Environmental Impact Statement under NEPA as they demonstrated a concrete interest in observing bird habitats at the Naval Station.

Reasoning: The Navy acknowledges that the birdwatchers meet this prudential requirement, as their interest in preserving the Naval Station's historic buildings and natural environment aligns with NEPA's goals.

Mootness in Environmental Cases

Application: The case is not moot despite the demolition of the Naval Station, as there remains a possibility for effective relief through additional environmental review.

Reasoning: Since there remains a possibility for effective relief, the case is not moot despite the demolition of the Naval Station.

Procedural Injury and Standing

Application: The birdwatchers' procedural right under NEPA allows them to challenge the adequacy of the Navy's FEIS without needing to prove that a revised EIS would result in a different outcome.

Reasoning: The bird watchers, seeking to enforce a procedural right under NEPA, have standing to challenge the adequacy of the Navy's FEIS, despite being unable to show that a revised EIS would result in a different outcome.

State Taxpayer Standing in Federal Court

Application: The appellants lack sufficient taxpayer standing to pursue state law claims in federal court as they failed to demonstrate a direct injury linked to tax dollar expenditures.

Reasoning: The bird watchers may have standing in state court but do not meet federal standards, as they must demonstrate a direct injury linked to tax dollar expenditures.