STATE OF HAWAII EX REL. ATTY. GEN. v. FEMA

No. 00-15895.

294 F.3d 1152 (2002)

STATE OF HAWAII, by and through Its ATTORNEY GENERAL, Plaintiff-Appellant, v. FEDERAL EMERGENCY MANAGEMENT AGENCY; Joe M. Allbaugh, Director, FEMA; Lacy E. Suiter, Executive Associate Director, Response and Recovery Directorate, FEMA; Karen Armes, Regional Director, Region IX, FEMA; Patricia A. English, Acting Chief Financial Officer, FEMA; George J. Opfer, Inspector General, FEMA, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2002.


Attorney(s) appearing for the Case

Dorothy D. Sellers, with whom Michael S. Vincent was on the briefs, Office of the Attorney General, State of Hawaii, Honolulu, HI, for plaintiff-appellant.

Caroline Lewis Wolverton, United States Department of Justice, Civil Division, Washington, DC, for defendants-appellees.

Before: THOMPSON, O'SCANNLAIN and BERZON, Circuit Judges.


BERZON, Circuit Judge:

Hurricane Iniki stormed over the Hawaiian island of Kauai a decade ago, but a dispute it left behind continues. The largest disaster ever to hit the state of Hawaii ("Hawaii"), the 1992 hurricane caused an estimated $2.6 billion in damage.

The Federal Emergency Management Agency ("FEMA" or "the Agency"), the agency of the federal government that provides dollars to communities afflicted by floods, earthquakes, fires, and hurricanes,...

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