Van Dyke, Yamamoto and Fujiyama

Van Dyke, Yamamoto and Fujiyama

A Law Corporation

ERIC VAN DYKE #007

1001 Bishop Street Suite 2500

Honolulu, Hawaii 96813

Telephone: (808) 599-0000

Facsimile: (808) 591-0007

Attorney for Plaintiffs SAVE HAWAII’S TURTLES

IN THE UNITED STATES DISTRICT COURT

SAVE HAWAII’S GREEN SEA TURTLES, a non-profit corporation; MALAMA NA HONU, a non-profit corporation,
Plaintiffs
v.
NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION; U.S. FISH & WILDLIFE SERVICE, U.S. DEPARTMENT OF INTERIOR,
Defendants
and
ISLAND RESOURCE PARTNERSHIP; HAWAII FISHING COALITION; KANAKA MAOLI SUBSISTENCE COALITION; DIVISION OF FORESTRY AND WILDLIFE and DIVISION OF ACQUATIC RESOOURCES, STATE DEPARTMENT OF LAND AND RESOURCES, STATE OF HAWAII,
Intervenors
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PLAINTIFFS SAVE HAWAII’S TURTLES’ NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT; MEMORANDUM IN SUPPORT OF MOTION; EXHIBIT A; CERTIFICATE OF SERVICE

Hearing

Date: May 3, 2002
Time: 4:00 p.m.
Judge: Hon. Kimo Linden

DISTRICT OF HAWAII

PLAINTIFFS SAVE HAWAII’S TURTLES’ NOTICE OF MOTION

AND MOTION FOR SUMMARY JUDGMENT

PLEASE TAKE NOTICE THAT, pursuant to Federal Rule of Civil Procedure 56 and Local Rule 56.1, Plaintiffs SAVE HAWAII’S TURTLES, through their counsel Van Dyke, Yamamoto, and Fujiyama, hereby move for summary judgment on their first Claim for Relief, that defendants have violated the Administrative Procedure Act (“APA”) failing to perform their duties under the Endangered Species Act (“ESA”). The motion shall come on for hearing before the Honorable Kimo Linden Judge of the United States District Court for the District of Hawaii, in his/her courtroom in the United States Courthouse, 300 Ala Moana Boulevard, Honolulu, Hawaii on May 3, 2002 at 4:00 p.m., or as soon thereafter as counsel can be heard.

Plaintiffs’ motion seeks summary judgment that: (1) Defendants have violated the APA by issuing a final agency decision denying in part and granting in part designation of critical habitat pursuant to 16 U.S.C. § 1532(a)(3) that is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law; (2) Defendants reinitiate critical habitat designation proceedings under 16 U.S.C. § 1532(a)(3) concerning the Defendants’ effects on these animals.

DATED: Honolulu, Hawaii, May 1, 2002.

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ERIC VAN DYKE

Attorney for Plaintiffs

SAVE HAWAII’S TURTLES

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