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MALAMA MAKUA v. GATES

No. 09-00369 SOM/RLP.

MĀLAMA MĀKUA, a Hawai`i non-profit corporation, Plaintiff, v. ROBERT GATES, Secretary of Defense; and JOHN McHUGH, Secretary of the United States Department of the Army, Defendants.

United States District Court, D. Hawaii.

June 20, 2012.

Attorney(s) appearing for the Case

Malama Makua, a Hawaii nonprofit corporation, Plaintiff, represented by David L. Henkin , Earthjustice Legal Defense Fund & Isaac H. Moriwake , Earthjustice Legal Defense Fund.

Robert M. Gates, Secretary of Defense, Defendant, represented by Edric Ming-Kai Ching , Office of the United States Attorney, James J. Dubois , U.S. Department of Justice, William J. Shapiro , Natural Resources Section & Robert M. Lewis , U.S. Army Environmental Law Division.

John McHugh, Secretary of the United States Department of the Army, Defendant, represented by Edric Ming-Kai Ching , Office of the United States Attorney, James J. Dubois , U.S. Department of Justice, William J. Shapiro , Natural Resources Section & Robert M. Lewis , U.S. Army Environmental Law Division.

ORDER ADOPTING IN PART AND MODIFYING IN PART FEBRUARY 28, 2012, FINDINGS AND RECOMMENDATION REGARDING REMEDY FOR DEFENDANTS' SETTLEMENT VIOLATIONS; ORDER REGARDING REMEDIES

SUSAN OKI MOLLWAY, Chief District Judge.

I. INTRODUCTION AND FACTUAL BACKGROUND.

This case grows out of a 2001 settlement agreement in which Defendants ("the Army") agreed to complete an environmental impact statement ("EIS") addressing the effects of military training with...

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