Court of Appeals for the Ninth Circuit September 21, 2004, No. 02-36096 (Ground Zero Center for Non-Violent Action v. United States Department of the Navy)

GOULD, Circuit Judge:

At issue is a challenge under the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., and the Endangered Species Act (“ESA”), 16 U.S.C. § 1531 et *1084seq., to the United States Navy’s (“Navy”) Trident II missile upgrade program at its submarine base in Bangor, Washington.