ELR Citation: ELR 20573
No(s). 90-16260 (9th Cir. Feb 5, 1991)

The court holds moot an environmental group's appeal of the district court's refusal to preliminarily enjoin further movement of chemical weapons stored in Germany based on alleged violations of the National Environmental Policy Act (NEPA). Plaintiffs brought a NEPA challenge to a joint project of the United States and German armies to remove obsolete chemical weapons from their storage site in Germany and transport them to Johnston Atoll for incineration. The court holds that the appeal is moot because the munitions have been moved to Johnston Atoll. Plaintiffs may proceed with their challenge to the proposed incineration of the munitions in Johnston Atoll. The government has asserted that the munitions will not be incinerated until the district court has considered the merits of plaintiffs' claims.

[The district court's decisions are published at 21 ELR 20378 and 20383.]

Counsel for Appellants
Paul P. Spaulding III
Sierra Club Legal Defense Fund, Inc.
212 Merchant St., Honolulu HI 96813
(808) 599-2436

Counsel for Appellees
Elizabeth Ann Peterson
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before Choy, Schroeder, and Pregerson, JJ.