Bargen v. Department of the Navy
ELR Citation: ELR 20658 No(s). 88-15643 (9th Cir. Feb 5, 1990)
In an unpublished decision, the court holds that plaintiffs are not entitled to an injunction against the Navy's adoption of an environmental impact statement (EIS) for its supersonic operating area at Fallon, Nevada. The court holds that the EIS adequately considered the environmental effects of sonic booms. The court holds that the EIS contains an adequate worst-case analysis and thus declines to reach the issue of whether the Navy was required to prepare an EIS. The court holds that the Navy was not required to include in the EIS comments from a Federal Aviation Administration (FAA) official that did not reflect FAA's official position.
Counsel for Plaintiffs-Appellants
Richard Olson
Claassen & Olson
P.O. Box 2102, Carson City NV 89702
(702) 882-5007
Counsel for Defendants-Appellees
Gary B. Randall
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-2600