Dugong Debacle: Lessons In The Extraterritorial Application Of Section 402 Of The National Historic Preservation Act As Illustrated In Dugong V. Gates

Abstract

In September of 2003, a multi-national group comprised of Okinawan residents, international environmental groups, and Japanese environmental lawyers sued the U.S. Department of Defense declaring that it had violated Section 402 of the National Historic Preservation Act as it failed to take into account the potential adverse effects a new military base would have on the Okinawa dugong. This work simultaneously explores the legal proceedings and argumentation presented in lawsuit, Dugong v. Gates, and highlights the impacts of the long-time social and political relationship between Okinawans, the Government of Japan and the United States military as they relate to this unprecedented case.