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View Full Version : Environmentalism over national defense!



Shek
06 Oct 06,, 15:31
All I can say is wow!


http://starbulletin.com/breaking/breaking.php?id=4959

Posted on: Thursday, October 5, 2006 1:12 PM HST
Federal appeals court rules against Army on Stryker Brigade
Panel says Army violated environmental laws
Associated Press
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A federal appeals court said today the U.S. Army’s plan to create a 3,800-soldier Stryker Brigade in the islands violated environmental laws by not properly considering all alternatives — including creating the new brigade someplace other than Hawaii.

A three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 that the Army must now complete a supplemental analysis that would consider a variety of locations for the Stryker Brigade.

David Henkin, a lawyer for Earthjustice, which filed the lawsuit on behalf of three Native Hawaiian groups, said the ruling means the Army must stop all Stryker-specific construction and training in Hawaii.

The Army wouldn’t be able to resume the construction and training until another court decides what specific activities the Army would be permitted until it’s back in compliance with the law, Henkin said.

Henkin represents the Ilioulaokalani Coalition, Na Imi Pono and Kipuka. The three groups appealed the case last year, challenging an earlier district court ruling allowing the Army to go ahead with its plans to base a Stryker Brigade at Scholfield Barracks.

“This decision does not say that there cannot be a Stryker Brigade in Hawaii. It says ... that the Army’s decision to put the Stryker Brigade in Hawaii was illegal because it was uninformed,” Henkin said.

The Army did not immediately respond to a request for comment.

The decision Thursday said that the Army’s environmental studies in the run-up to starting work on the Stryker Brigade never adequately answered the question, “Why Hawaii?”

In its final programmatic environmental impact statement, the Army “leaps to the assumption that transformation in Hawaii or no action are the only alternatives,” the judges said. “This is where the impermissible ’narrowing’ takes place. The Army violated NEPA (National Environmental Policy Act) by not considering alternatives that include transformation of the 2nd Brigade outside of Hawaii.”

Bill
06 Oct 06,, 17:55
It's the Ninth Circus court, what do you expect? This is afterall, the single most over-turned federal court in America, and as far as i know, has been for decades.

Precisely BECAUSE of looney rulings like this.

JBodnar39
07 Oct 06,, 06:42
It's the Ninth Circus court, what do you expect? This is afterall, the single most over-turned federal court in America, and as far as i know, has been for decades.

Precisely BECAUSE of looney rulings like this.


Yep, look where it is - San Francisco

BenRoethig
09 Oct 06,, 01:09
The 9th cares nothing for the law, only liberal politics.