ELR Citation: ELR 20298
No(s). 72-3720 (D. Haw. Mar 20, 1973)

The court has no jurisdiction to review a lease by the Pacific Islands Trust Territory Commissioner of public lands for hotel construction. The National Environmental Policy Act is applicable in the Trust Territory, but the Trust Territory government is not a federal agency subject to review under the Administrative Procedure Act or NEPA. The APA excludes from judicial review "the governments of the territories or possessions of the United States." The same exclusion from review applies under NEPA.

Counsel for Plaintiffs
Edward C. King
James E. Duggan
Daniel H. MacMeekin
Central Office
Micronesian Legal Services Corp.
P.O. Box 826
Saipan, M.I. 96950

Boyce R. Brown Jr.
Suite 1401
841 Bishop Street
Honolulu, HI 96813

Counsel for Defendants
John D. McComish
Fourth Floor
Finance Factor Building
Honolulu, HI 96813