KINGMAN REEF ATOLL INV. v. U.S. DEPT. OF INT.

CIVIL NO. 01-00122 SOM-LEK.

195 F.Supp.2d 1178 (2002)

KINGMAN REEF ATOLL INVESTMENTS, L.L.C., a Hawaii limited liability company; Kingman Reef Atoll Development, L.L.C., a Hawaii limited liability company; Kingman Reef Enterprises, L.L.C., a Washington limited liability company; and Palmyra Pacific Seafoods, L.L.C., a Washington limited liability company, Plaintiffs, v. The UNITED STATES DEPARTMENT OF THE INTERIOR; The Honorable Gale Norton, in her official capacity as Secretary of the Interior; The United States Fish & Wildlife Service; Marshall Jones, in his official capacity as Acting Director of Fish & Wildlife Service; Daniel Ashe, in his official capacity as Chief of National Wildlife Refuge System, Fish & Wildlife Service, Defendants.

United States District Court, D. Hawai`i.

March 22, 2002.


Attorney(s) appearing for the Case

John J. Houlihan, Jr., Richard A. DuBey, Short Cressman & Burgess, PLLC, Seattle, WA, Christian P. Porter (present, but did not argue), Brooks Tom Porter & Quitiquit, Honolulu, HI, for Plaintiffs.

Thomas A. Helper, Asst. U.S. Atty., Office of the U.S. Atty., Honolulu, HI, for Defendants.


ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

MOLLWAY, District Judge.

I. INTRODUCTION.

Kingman Reef is a small island located approximately 900 miles south of Hawaii. In January 2001, the Department of the Interior signed Order No. 3223 establishing a National Wildlife Refuge ("Refuge") at Kingman Reef. Plaintiffs, contending that Order...

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