Role Models America, Inc. v. White

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

This case involves a challenge to the Secretary of Defense’s decision to convey a *329closed military base to a state-created development corporation. Because the procedures by which the Secretary reached this decision violated applicable statutory and regulatory requirements, we reverse the district court’s contrary conclusion and remand with instructions to enjoin the conveyance.

I

The Defense Base Closure and Realignment Act of 1990 (DBCRA), 104 Stat. 1808 (codified as amended at 10 U.S.C. § 2687 note), establishes a…