Case: Kapa'a v. Trump

1:25-cv-00209 | U.S. District Court for the District of Hawaii

Filed Date: May 22, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged Proclamation 10918, signed by President Trump on April 17, 2025, which purported to open the Pacific Islands Heritage Marine National Monument to commercial fishing. The monument was established by President Bush in 2009 and was expanded by President Obama in 2014, both acting under the Antiquities Act of 1906. The 2009 Proclamation banned commercial fishing within the boundaries of the monument. On May 22, 2025, two environmental organizations and an unincorporated associa…

This case challenged Proclamation 10918, signed by President Trump on April 17, 2025, which purported to open the Pacific Islands Heritage Marine National Monument to commercial fishing. The monument was established by President Bush in 2009 and was expanded by President Obama in 2014, both acting under the Antiquities Act of 1906. The 2009 Proclamation banned commercial fishing within the boundaries of the monument. On May 22, 2025, two environmental organizations and an unincorporated association brought this action in the District of Hawai'i against President Donald Trump, the Secretary of Commerce, the Acting Administrator of the National Oceanic and Atmospheric Administration (NOAA), the Assistant Administrator for NOAA Fisheries, and the Secretary of the Interior. 

On April 17, 2025, President Trump issued a proclamation directing the Secretary of Commerce not to ban commercial fishing in the waters "between 50 to 200 nautical miles from the landward boundaries of the Monument." The plaintiffs alleged that the Proclamation and ensuing activities taken to implement it violated the Antiquities Act, the Separation of Powers, the Take Care Clause, the Administrative Procedure Act, the Magnuson-Stevens Act, and the National Environmental Policy Act, principally on the theory that once designated, a designated monument cannot be shrunken or eliminated without an act of Congress, but also that such actions are subject to procedural requirements that were not followed by the defendant agencies. The case was assigned to Magistrate Judge Wes R. Porter.

The plaintiffs filed a motion for summary judgment for their procedural claims on June 24. They also asked the court to expedite the case that same day. 

The case is ongoing.

Summary Authors

Scott Shuchart (5/23/2025)

Jeremiah Price (6/16/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70341271/parties/kapaa-conservation-council-for-hawaii-v-trump/


Judge(s)

Porter, Wes R. (Hawaii)

Attorney for Plaintiff

Bryant, Elena Lokelani (Hawaii)

Cruz, Kylie W. (Hawaii)

Henkin, David L. (Hawaii)

Attorney for Defendant

Martin, John H. (Hawaii)

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Documents in the Clearinghouse

Document
1

1:25-cv-00209

Complaint for Declaratory and Injunctive Relief

May 22, 2025

May 22, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70341271/kapaa-conservation-council-for-hawaii-v-trump/

Last updated July 18, 2025, 12:38 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Donald J. Trump, Howard Lutnick, Laura Grimm, Eugenio Pineiro Soler and Doug Burgum( Filing fee $ 405 receipt number AHIDC-3156876.), filed by Kapaa, Conservation Council for Hawaii and Center for Biological Diversity . (Attachments: # 1 Civil Cover Sheet)(Henkin, David) Modified on 5/22/2025 (eta). (Entered: 05/22/2025)

1 Civil Cover Sheet

View on PACER

May 22, 2025

May 22, 2025

Clearinghouse
2

Summons (Proposed) (Henkin, David) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
3

Corporate Disclosure Statement by Center for Biological Diversity, Kapaa, Conservation Council for Hawaii. (Henkin, David) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
4

NOTICE of Case Assignment: Please reflect Civil case number CV 25-00209 WRP on all further pleadings. (eta) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
5

Summons Issued as to All Defendants. (eta) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
6

Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 7/21/2025 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 5/22/2025. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
7

CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 AO 398 Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 Waiver of the Service of Summons)(eta) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
8

Notice to Parties Re: Corporate Disclosure Statements: Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (eta) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
9

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. PLEASE COMPLETE AND FILE THE ATTACHED ELECTION FORM (FILING INSTRUCTIONS ARE ATTACHED. While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court no later than twenty-one (21) days after entry of appearance. In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. (Attachments: # 1 Election Form ) ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (eta) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

PACER
10

Consent Election Form (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER
11

NOTICE of Case Reassignment: Please reflect new Civil case number CV 25-00209 MWJS-WRP on all further pleadings. (eta) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

PACER
12

NOTICE of Appearance by John H. Martin on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Martin, John) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

PACER
13

MOTION for Summary Judgment Re: Fifth and Sixth Claims for Relief David L. Henkin appearing for Plaintiffs Center for Biological Diversity, Kapaa, Conservation Council for Hawaii (Attachments: # 1 Memorandum)(Henkin, David) Modified on 6/25/2025 (jni) (Entered: 06/24/2025)

1 Memorandum

View on PACER

June 24, 2025

June 24, 2025

PACER
14

CONCISE STATEMENT in Support re 13 of Undisputed Material Facts Re: Motion for Summary Judgment Re: Fifth and Sixth Claims for Relief filed by Center for Biological Diversity, Kapaa, Conservation Council for Hawaii. (Attachments: # 1 Declaration of Solomon Pili Kahoohalahala, # 2 Declaration of Jonnetta Peters, # 3 Declaration of Brian Zgliczynski, Ph.D, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Declaration of Maxx Phillips, # 8 Declaration of Stuart A. Sandin, Ph.D, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Declaration of Alan M. Friedlander, Ph.D, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Declaration of Angelo Villagomez, # 21 Exhibit 14, # 22 Exhibit 15, # 23 Declaration of David L. Henkin, # 24 Exhibit 16, # 25 Exhibit 17, # 26 Exhibit 18, # 27 Exhibit 19, # 28 Exhibit 20, # 29 Exhibit 21)(Henkin, David) Modified on 6/25/2025 (jni) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

PACER
15

MOTION TO EXPEDITE PURSUANT TO 16 U.S.C. § 1855(f)(4) OR, ALTERNATIVELY, 28 U.S.C. § 1657(a) David L. Henkin appearing for Plaintiffs Center for Biological Diversity, Kapaa, Conservation Council for Hawaii (Attachments: # 1 Memorandum in Support)(Henkin, David) Modified on 6/25/2025 (jni) (Entered: 06/24/2025)

1 Memorandum in Support

View on PACER

June 24, 2025

June 24, 2025

RECAP
16

SUMMONS Returned Executed by Center for Biological Diversity, Kapaa, Conservation Council for Hawaii. All Defendants. (Henkin, David) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

PACER
17

EO: In light of the parties' agreement, see ECF No. 15, Plaintiffs' 13 Motion for Summary Judgment Re: Fifth and Sixth Claims for Relief is SET for hearing on August 5, 2025, at 1:00 PM in Aha Kaulike before JUDGE MICAH W.J. SMITH. Briefing shall proceed in accordance with Local Rule 7.2: An opposition shall be due July 15, 2025. Any reply shall be due July 22, 2025. In addition, Defendants may file any position statement on Plaintiffs' 15 Motion to Expedite Pursuant to 16 U.S.C. § 1855(f)(4) or, Alternatively, 28 U.S.C. § 1657(a) by July 15, 2025. The court will decide the motion to expedite no later than August 5, 2025. If any party believes that this motion should be decided sooner, they may file a letter request. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)(rlfh) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

PACER
18

EO: In light of the pending 13 Motion for Summary Judgment, the Telephonic Rule 16 Scheduling Conference is CONTINUED from 7/21/2025 to 10/6/2025 at 9:30 a.m. before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER
19

NOTICE of Appearance by Jennifer A Sundook on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Sundook, Jennifer) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

PACER
20

NOTICE of Appearance by Sara M. Warren on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump on behalf of Doug Burgum, Laura Grimm, Howard Lutnick, Eugenio Pineiro Soler, Donald J. Trump. (Warren, Sara) (Entered: 06/27/2025)

June 27, 2025

June 27, 2025

PACER
27

Stipulation and Order

July 17, 2025

July 17, 2025

PACER

Case Details