IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX COMMISSIONER OF THE DEPARTMENT : CIVIL ACTION OF PLANNING AND NATURAL : RESOURCES, ALICIA V. BARNES, : et al. : : v. : : CENTURY ALUMINUM COMPANY, LLC, : et al. : NO. 05-62 ORDER AND NOW, this 24th day of May, 2012, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion of defendant Lockheed Martin Corporation for summary judgment on Counts I through IV and Count VI of the first amended complaint (Doc. #1008) is DENIED. BY THE COURT: /s/ Harvey Bartle III HARVEY BARTLE III J. SITTING BY DESIGNATION Case: 1:05-cv-00062-HB Document #: 1122 Filed: 05/25/12 Page 1 of 1