Litigation Station: Double Victories Edition!
Victory #1: Hūlō!! Court Significantly Reduces the Take of Stream Water in East Maui
In August, the Environmental Court limited the amount of water that Alexander & Baldwin and Mahi Pono can take from east Maui streams to about half of what was previously allowed under its state permit, giving a much-needed break for these stream ecosystems and a reality check to the state’s tendency to over-commit public trust resources to private diverters that have not proven any need for it. Now stream diverters have a real incentive to prudently use the water that they are allowed to take.
At the same time, the Environmental Court ordered DLNR to immediately hold the contested case hearing that we requested in November 2020. This contested case will review temporary permits issued for 2021 and 2022 to use east Maui stream water in central Maui. The evidence will show how water is wasted, stream ecosystems are damaged, and the quality of life for residents in this watershed is undermined by excessive take from 12 forgotten streams.
It takes tenacity to set right these enduring injustices, and it is paying off now. Our tenacity is fueled by you and thousands like you who believe in our work. Thank you for your support.
Click here to learn more about this major development in this legal saga.
P.S. We just saw that A&B’s revised EIS for a long-term lease of public watershed lands in east Maui is out for public comment. Sign up here to get updates on that soon.
Victory #2: Cheehooo!! Greenhouse Gas Emissions Reduced!
After a year in court and consistent wrangling with the Department of Health (DOH), we can finally say that all facilities that emit greenhouse gases have finally reduced their emissions to 1990 levels. This is big. In 2007, the Legislature passed a law -- that the Sierra Club advocated for (thank you Jeff Mikulina!) -- that required all major facilities reduce their emissions to what they were in 1990, by January 1, 2020.
In January 2020, we checked in on the emission reduction plans and found that the Health Department Clean Air Branch had not approved any emissions reduction plans, and the ones they were considering actually increased emissions from the state’s last coal plant (🤯). We sued (naturally).
Our primary goal was to significantly reduce emissions from the AES coal plant in ʻEwa Beach. We not only got the DOH to impose strict requirements on that facility, we secured meaningful reductions in greenhouse emissions for ALL facilities.
There is still much work to do to ensure that Hawaiʻi’s energy system is just, equitable, clean, and renewable, but this is a significant step forward. This is one of many special ways Hawaiʻi is contributing to the solutions addressing the global climate crisis. So let’s celebrate!!! 🥳 Cheeehoooo!!