{"id":16359,"date":"2025-03-07T12:05:56","date_gmt":"2025-03-07T22:05:56","guid":{"rendered":"https:\/\/www.environment-hawaii.org\/?p=16359"},"modified":"2025-11-12T10:45:50","modified_gmt":"2025-11-12T20:45:50","slug":"lawsuit-challenges-greens-selection-of-rodrigues-to-fill-loea-seat-on-cwrm","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=16359","title":{"rendered":"Lawsuit Challenges Green\u2019s Selection Of Rodrigues to Fill Loea Seat on CWRM"},"content":{"rendered":"\n

A community organization, Hui K\u0101n\u0101wai \u02bbOia\u02bbi\u02bbo, has sued Governor Josh Green, the state Commission on Water Resource Management, and two individuals, arguing that the governor\u2019s appointment of one of them \u2013 Vincent Hinano Rodrigues \u2013 to a position on the Water Commission should be nullified.<\/p>\n\n\n\n

As Environment Hawai\u02bbi<\/em> has reported, Green appointed Rodrigues in late October. Because the appointment was made outside of the legislative session, Rodrigues immediately took the seat on the commission that is reserved by law for someone with expertise in traditional Hawaiian practices. <\/p>\n\n\n\n

The complaint, filed by Earthjustice on January 27 in 1st<\/sup> Circuit Court, seeks a declaratory judgment that Green lacked legal authority to disregard the nominees for the seat that were initially presented to him following a nominating process in early 2024. Instead, Green re-initiated the nominating process in August, resulting in the selection of Rodrigues to fill the loea <\/em>seat.<\/p>\n\n\n\n

In addition, Earthjustice is asking the court to issue a writ of quo warranto<\/em> declaring that Rodrigues \u201ccannot hold the office of loea<\/em> commissioner and forbidding Defendant Rodrigues to exercise the authorities and duties of that office.\u201d<\/p>\n\n\n\n

The complaint recites the history behind Rodrigues\u2019s appointment. It notes that the first nominating committee sent the governor a list of four individuals for the loea<\/em> position. \u201cYet, Defendant Green stalled on making a selection for months, then claimed that the process needed to be restarted from the beginning because two nominees had withdrawn.\u201d<\/p>\n\n\n\n

Green then \u201crenominated one of the purportedly withdrawn nominees, Defendant James Kimo Falconer, to a newly reconstituted nominating committee to produce a new list of nominees in October 2024.\u201d Falconer, a former supervisor for the Pioneer Mill in West Maui who now runs a coffee farm in Ka\u02bbanapali, was Green\u2019s first choice to fill the position, the complaint says. But after hearing \u201csignificant concerns and objections through direct informal communication,\u201d Green instead \u201cdecided not to send any nomination to the Senate throughout the duration of the 2024 legislative session.\u201d<\/p>\n\n\n\n

The Green administration \u201casked, invited, or arranged for Defendant Falconer to withdraw from the list sent by the original nominating committee,\u201d the complaint says. The administration and Falconer then \u201creached an understanding or arrangement that Defendant Falconer would in turn be appointed to the reconvened nominating committee.\u201d<\/p>\n\n\n\n

The three other original nominees consisted of Hannah Kihalani Springer, Lori Buchanan, and reportedly Ed Makahiapo Cashman. \u201cIt is undisputed that all these candidates meet the prescribed qualifications for the loea<\/em> commissioner,\u201d the complaint states. All three submitted applications to the second nominating committee.<\/p>\n\n\n\n

The committee\u2019s meeting to select a new slate of candidates was held on October 21 and 22. By law, it was supposed to be open to the public. Yet the public was not given a list of all the candidates interviewed. In addition, if a candidate chose to be interviewed in private, the committee entered into executive session to accommodate the candidate\u2019s wishes.<\/p>\n\n\n\n

\u201cFive of the applicants were identified by name, including Springer, Buchanan, and Cashman,\u201d the complaint says. \u201cInterviews for the named applicants were conducted publicly. Interviews for the remaining three unnamed applicants were conducted in executive session, closed from the public. At no time did the nominating committee inform the public of the identities of these other candidates or explain or justify why their interviews were behind closed doors.\u201d<\/p>\n\n\n\n

The complaint notes that the Sunshine Law does allow commissions to close meetings \u201cto consider the hire, evaluation, dismissal, or discipline of an officer or employee.\u201d But that provision does not extend to volunteers, such as those serving on the Water Commission.<\/p>\n\n\n\n

In a statement posted on the Earthjustice website, attorney Harley Broyles said, \u201cThe governor\u2019s likes and dislikes do not justify him disregarding the legaly mandated process and making up his own rules. The Legislature intentionally established this process for commission nominations as a check on partisanship by the governor. The law does not allow the governor to scrap the committee\u2019s recommendations because they do not suit his political agenda.\u201d<\/p>\n\n\n\n

\u2014 Patricia Tummons<\/strong><\/p>\n\n\n\n

For More Background:<\/em><\/p>\n\n\n\n

The December 2024 edition of Environment Hawai\u02bbi <\/em>has extensive reporting on the selection of Rodrigues. See these articles:<\/p>\n\n\n\n