Appellants in the Na Wai `Eha case have a laundry list of gripes about the Commission on Water Resource Management’s June 2010 vote setting interim instream flow standards (IIFS) for four West Maui streams. To start, the commission erroneously used … Continued
On June 6, every seat in the ornate second-floor courtroom of Ali`iolani Hale was taken well before the 9 a.m. start of oral arguments before the justices of the Hawai`i Supreme Court. Stragglers were forced to stand. That day, parties … Continued
East Maui Stream Update: The Hawai`i Supreme Court has effectively overturned the decision of the Intermediate Court of Appeals regarding the efforts of Na Moku `Aupuni o Ko`olau Hui to have judicial review of the decision of the state Commission … Continued
“We ended up on the short end of this opinion…. Minds immeasurably superior to ours will have to do the analysis on this one, at least for now,” wrote Honolulu attorney Robert Thomas in a recent post on his blog, … Continued
The taro farmers of East Maui were first in line, but it appears they may be last to get served. The state Commission on Water Resource Management’s contested case hearing on the interim instream flow standards of Waihe`e River and … Continued
It’s finally settled. James Pflueger’s company, Pila`a 400, LLC, must pay the state $4 million for damaging the reef at Pila`a Bay in North Kaua`i. After heavy rains in November 2001, a massive wall of mud from Pila`a 400‘s mauka … Continued
In a recent decision regarding the Kaua`i Planning Commission’s denial of a Koloa water bottler’s use and zoning permits, the Intermediate Court of Appeals has reaffirmed that county agencies are bound by the state Constitution to protect the public trust … Continued
A petition by the National Park Service (NPS) seeking state control over withdrawals from the Keauhou aquifer system could slow the pace of development in North Kona, at the same time Hawai`i County is trying to encourage growth there. The … Continued
“In Hawai`i, we consume the most water per capita in the United States,” U.S. Sen. Brian Schatz said at a forum on water and climate change held in the state Capitol auditorium on August 19. More specifically, local residents use … Continued
Kaua`i Springs to Get High Court Hearing: The Hawai`i Supreme Court will hear the appeal of a Kaua`i water bottler from an Intermediate Court of Appeals decision last spring. The lower court had ruled on April 30 that the Kaua`i County … Continued