Litigation Station: East Maui Streams
By Marti Townsend | Reading time: 3 minutes
Court rules Sierra Club deserved a contested case
In May, a circuit court judge ruled that the Board of Land and Natural Resources violated the rights of the Sierra Club in our mission to protect East Maui’s streams.
This ruling stems from a contested case request we made back in November 2020 when the Board of Land and Natural Resources considered allowing A&B to continue to drain 13 streams dry and divert up to 45 million gallons of water per day. The board denied the Sierra Club’s request and approved another extension of the one-year permits first granted in 2001.
The court is hosting a hearing on Wednesday, July 7 at 1pm to decide whether to invalidate A&B’s 2021 revocable permits given the violation of the Sierra Club’s due process rights and whether to impose any terms on the permit. Both of these are a really big deal. Until this moment, A&B has been allowed to drain streams dry while lengthy legal processes ran their course. You are invited to tune in to the hearing on Zoom, the info is below and please be sure to mute yourself upon entering the hearing.
Zoom link: https://courts-hawaii-gov.zoom.us/j/4667984465#success Meeting ID: 466 798 4465
The court's ruling also means that we are headed into another contested case. This is a great opportunity for us to show how much harm A&B’s stream diversions are causing. The contested case timeline is not set yet but we will keep you in the loop.
Sierra Club files a motion for contempt of court
The Sierra Club of Hawaiʻi has asked the court to hold the Board of Land and Natural Resources and its attorneys in civil contempt because the board has failed to take any steps whatsoever to start the contested case hearing as soon as practicable, as ordered by the court in May.
Since the court’s ruling, the Land Board has held two meetings and this item has not been on the agenda. In our motion, we’re asking the board chair to explain what steps have been taken and what steps are still needed to initiate a contested case hearing on A&B’s current diversion permits. We are also asking that the state Attorney General appear and explain the position of her office that appears to directly defy the court’s order.
Water Commission rules in Nā Wai ʻEhā’s contested case
We also wanted to share the news about West Maui’s streams. While not directly related to the happenings in East Maui, this decision could have implications for future instream flow standards across the islands.
On Monday, the Water Commission ruled in Hui o Nā Wai ʻEhā’s contested case hearing. This contested case has been open for 1.5 years, part of the hui’s 17 years of fighting for stream restoration and protections after the long exploitation of sugar cultivation. Unfortunately the decision was released earlier this week and Waikapū, Wailuku, Waiehu, and Waiheʻe streams did not receive the justice they deserved. You can read the hui’s official statement here. While we are disappointed, we are not deterred. We will be successful because we refuse to give up until our watersheds are fully protected.
Consider making a donation today. There’s a lot already going on to seek justice and water restoration to East Maui’s streams and quite a bit more on the horizon. Between open litigation, a contested case, and a few things in the pipeline, this summer is going to be a heavy lift for us. We wouldn’t trade this hard work for anything else in the world but we also humbly ask for your continued support. We are up against the government and the goliaths of A&B and Mahi Pono. Please make a donation of any size today to help us keep up the good fight, every dollar counts and goes a long way in the name of water rights justice.