Ilio`Ulaokalani Coalition v. Rumsfeld

464 F.3d 1083 `ILIO`ULAOKALANI COALITION, a Hawaii nonprofit corporation; Na `Imi Pono, a Hawaii unincorporated association; Kipuka, a Hawaii unincorporated association, Plaintiffs-Appellants, v. Donald H. RUMSFELD, Secretary of Defense; Francis J. Harvey, Dr., Secretary of the United States Department of the Army, Defendants-Appellees, and Les Brownlee, Acting Secretary of the United States Department of the Army, Defendant. No. 05-15915. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 6, 2005. Filed October 5, 2006. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED David L. Henkin, Earthjustice, Honolulu, HI, argued the case for Appellants `Ilio`ulaokalani, Na `Imi Pono, and Kipuka; Isaac H. Moriwake was on the briefs for Appellants. Michael T. Gray, Department of Justice, Washington, D.C., argued the case for Appellees Donald H. Rumsfeld, Secretary of Defense and Francis J. Harvey, Secretary of the United States Department of the Army; Kelly A. Johnson, Acting Assistant Attorney General, John L. Smelzer, Department of Justice, and Barry A. Weiner, Department of Justice, were on the briefs for Appellees. Appeal from the United States District…