The court ruled in our East Maui case—and it isn’t good

After much delay and anxious anticipation, the long-awaited decision in our East Maui case has arrived...and we are saddened to share that we are all extremely disappointed in the court’s ruling. 

The court ruled against us. Even though it recognized that there is “no meaningful” protection of the 13 streams we are seeking to defend, at the end of the day the court’s ruling decides that these streams are less important than other streams. 

The court ruled that the Board of Land and Natural Resources properly balanced the ecosystem’s water needs against each other—basically assuming that agricultural water needs are more important than any stream’s needs: 

"On one hand there is potential but likely not permanent harm from continued diversion of the 12-13 non-IIFS streams. On the other hand, there are important benefits to ensuring sufficient water is available for agriculture and domestic use.”

The court also noted that "Mahi Pono deserves some time and mileage to gain experience and figure things out." Lastly, it ruled that removal of the stream diversions could cause more environmental harm than leaving them in place  and that the Land Board had done enough to get trash removed.

So what’s next? We are reviewing the court’s order with our attorney and will decide shortly whether to appeal. 

You know as well as we do that not only these 13 streams but all streams are too important to treat with such disregard. This isn’t over, in or outside the courts. We will continue to fight for the protection of our precious stream systems and environment and we thank you in advance for being right there alongside us.