ELR Citation: ELR 20473
No(s). 73-2759-HP (C.D. Cal. Jan 11, 1974)

A suit seeking to enjoin further action by the Department of Defense implementing a realignment program of cutbacks, shutdowns, and transfers involving Naval personnel and facilities at Long Beach and San Diego until a NEPA impact statement has been prepared is barred by laches. The suit was filed seven-and-a-half months after the 15-month program began, at a point when it was 35 percent to 40 percent completed, and this constitutes unreasonable delay. To grant the relief that plaintiffs request would severely prejudice the Navy, its personnel, and the national defense, and that prejudice is not outweighed by any compelling public considerations to the contrary. In addition, the Navy has prepared environmental impact assessments as required by naval regulations, and has thus considered environmental factors in implementing the realignment project.

Counsel for Plaintiffs
Peter A. Lewine
Demler, Perona, Langler, Bergkvist, Lauchengco & Lewine
4201 Long Beach Boulevard, Suite 101
Long Beach, CA 90807

Counsel for Defendants
William D. Keller, U.S. Attorney
Frederick M. Brosio Jr.
Alan W. Peryam
Stephen E. Petersen, Asst. U.S. Attorneys
1100 U.S. Courthouse
Temple & Spring Streets
Los Angeles, CA 90012