SDNBCC v. USDOD, No. 12-57234 (9th Cir. 2016)
Annotate this CaseThe Coalition filed suit under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., challenging the issuance of a 2009 Finding Of No Significant Impact based on a 2009 Environmental Assessment for redevelopment of a four-block site owned by the United States Navy in downtown San Diego. On appeal, the Coalition challenged the district court's grant of summary judgment for the Federal Defendants, as well as the denial of the Coalition's motion for summary judgment against the Federal Defendants. In San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, this court held that while “security considerations may permit or require modification of some . . . NEPA procedures,” such modifications do not absolve an agency for its legal duty to fulfill NEPA’s requirements, such as public contribution to the NRC’s decision-making process. The court determined that the NRC’s categorical dismissal of the possibility of a terrorist attack was unreasonable and remanded for further proceedings. In this case, given the government’s assessed general risk of terrorism, the location of the redevelopment project, and the military commands to be housed in the Navy Broadway Complex, the court rejected the Federal Defendants’ arguments against applying Mothers for Peace I and find that they must address the risk of a possible terrorist attack in their NEPA analysis. The court further concluded that Federal Defendants did not abuse their discretion in determining that there was no significant impact from the possible environmental effects of potential terrorism at the Navy Broadway Complex, and a Supplemental Environmental Impact Statement is thus not required. Accordingly, the court affirmed the judgment.
Court Description: Environmental Law. The panel affirmed the district court’s summary judgment in favor of federal defendants, and denial of the San Diego Navy Broadway Complex Coalition’s motion for summary judgment, in the Coalition’s challenge to the issuance of a 2009 Finding Of No Significant Impact based on a 2009 Environmental Assessment for redevelopment of a four-block SDNBCC V. USDOD 3 site owned by the United States Navy in downtown San Diego. The panel held that the federal defendants fulfilled their obligations under the National Environmental Policy Act. The panel held that San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, 449 F.3d 1016 (9th Cir. 2006), required the federal defendants to address the environmental consequences of a possible terrorist attack on the Navy Broadway Complex. Specifically, the panel held that the Navy considered the relevant factors in its “hard look” at potential terrorism at the Navy Broadway Complex. The panel also held that the federal defendants did not abuse their discretion in determining that there was no significant impact from the possible environmental effects of potential terrorism at the Navy Broadway Complex, and a Supplemental Environmental Impact Statement was not required. District Judge Carr dissented from the majority’s determination that the federal defendants adequately addressed the environmental consequences of a possible terrorist attack on the Navy Broadway Complex.
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