Kingman Reef Atoll Investments, L.L.C. v. United States

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

J. MICHAEL SEABRIGHT, District Judge.

I. INTRODUCTION

The United States of America, the United States Department of the Interior, Gale Norton in her official capacity as Secretary of the Interior, the United States Fish and Wildlife Service (“FWS”), and Matthew Hogan in his official capacity as Director of FWS (collectively, “Defendants”) move to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction and Rule 12(b)(6) for failure to state a claim.…