96 Cal. Daily Op. Serv. 752, 96 Daily Journal D.A.R. 1174 Pai 'Ohana, an Unincorporated Association v. United States of America Bryan Harry, in His Capacity as the Pacific Area Director of the National Park Service, U.S. Department of the Interior

76 F.3d 280 96 Cal. Daily Op. Serv. 752 , 96 Daily Journal D.A.R. 1174 Pai 'OHANA, an unincorporated association, Plaintiff-Appellant, v. UNITED STATES of America; Bryan Harry, in his capacity as the Pacific Area Director of the National Park Service, U.S. Department of the Interior, Defendants-Appellees. No. 95-15202. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1995. Decided Feb. 2, 1996. Arnold L. Lum, Honolulu, Hawaii, for the plaintiff-appellant. M. Alice Thurston, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for the defendants-appellees. Appeal from the United States District Court for the District of Hawaii; David Alan Ezra, District Judge, Presiding. Before: HUG, THOMPSON, and O'SCANNLAIN, Circuit Judges. OPINION HUG, Circuit Judge: 1 Following the submission of the parties' briefs in this case, appellants brought the recent decision of the Hawaii Supreme Court in Public Access Shoreline Hawaii v. Hawaii County Planning Comm'n, 79 Hawai'i 425 , 903 P.2d 1246 (1995) ("PASH II "), to our attention pursuant to F.R.A.P. 28(j). Appellants relied heavily on the reasoning of this new opinion at…