District Court, D. Hawaii March 22, 2002, CIVIL NO. 01-00122 SOM-LEK (Kingman Reef Atoll Investments, LLC v. United States Department of Interior)

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United States · · · 22-03-2002

*1181

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. 8223 establishing a National Wildlife Refuge (“Refuge”) at Kingman Reef. Plaintiffs, contending that Order No.

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