The Department of Defense (DOD) approved the construction of a military base in Okinawa. Japanese groups brought action against DOD for not considering the impact on the Okinawa dugong, including night lighting. The Court held that DOD did not violate the National Historic Preservation Act by not consulting directly with Plaintiffs, or by relying on academic experts instead of cultural practitioners. The Court also found that DOD's determination that the construction would not negatively affect the dugong was not arbitrary or capricious. The Court dismissed the case.
The US Department of Defense (DOD) approved the construction of a new military base in Okinawa. Japanese citizens and organizations brought action against the DOD for not considering the impact on the Okinawa dugong. Construction activities would require night lighting, which the Japanese environmental impact statement anticipated would not negatively affect the dugongs because the project would take preventive measures such as lighting cones.