In this issue – the first in our 25th year of publishing! – we review cases of recent environmental litigation. Our cover story discusses the critically important decision of a federal judge in a case involving the discharge of wastewater into injection wells near the Lahaina coast, while a sidebar looks at the potential consequences this could have for Hawai`i County.
Other litigation reviewed in this article concerns:
The ATST on Haleakala: Kilakila o Haleakala, the group opposed to the construction of the Advanced Technology Solar Telescope (now known as the Daniel K. Inouye Solar Telescope) had appealed to the Intermediate Court of Appeals a lower court ruling that rejected its challenge of the acceptance by the Board of Land and Natural Resources of an environmental assessment for the Haleakala Management Plan prepared by the University of Hawai`i. The ICA upheld the lower court ruling.
The TMT on Mauna Kea: Six petitioners involved in a contested-case hearing over a Conservation District permit for the Thirty-Meter Telescope planned for Mauna Kea have appealed a lower-court ruling to the ICA. In a decision issued in May, Judge Greg K. Nakamura of the 3rd Circuit Court upheld the Land Board’s award of the permit for the construction of the TMT.
Waimanalo Gulch EIS: As a state senator, Colleen Hanabusa brought a lawsuit against the City and County of Honolulu, challenging the environmental impact statement prepared for the expanded operation of Waimanalo Gulch landfill, O`ahu’s only permitted sanitary landfill. A lower court judge rejected her appeal, as did the ICA in a ruling issued May 30.
Federal Panel Mulls `Aina Le`a Dispute: A panel of the 9th U.S. Court of Appeals heard arguments from the state and from the developers concerning the state’s appeal of federal Judge Susan Oki Mollway’s denial of the state’s request to give members of the Land Use Commission immunity from damage claims by the developers in a litigation still pending in lower courts.
Pflueger, Again! Jimmy Pflueger refused to sign documents that would give kuleana landowners in Pila`a, Kaua`i, access rights assured in prior court rulings. Despite a series of decisions against him going all the way to the state Supreme Court, Pflueger’s attorneys argued before the ICA that some aspects of the case were still ripe for argument. The ICA was having none of it and rejected Pflueger’s appeal.
Waikiki Setback Appeal Heads to Supreme Court: Groups opposed to the decision by the Honolulu planning director to allow a new wing of the Moana Surfrider hotel to encroach on shoreline setbacks and height limits are going straight to the state Supreme Court in their appeal of a lower court ruling.
Also in this issue, we report on the latest efforts of Big Island developer Scott Watson to win approvals for his “Pepe`ekeo Palace” and wrap up the issue with our regular “Board Talk” column.
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