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Harley M. Broyles, Attorney, Mid-Pacific Office: “Rodrigues’s withdrawal is only the first step to correct the Green Administration’s legal missteps. Now the Governor needs to follow through and appoint one of the other nominees he’s already been given through the legally mandated process.”

Harley M. Broyles, Attorney, Mid-Pacific Office: “The law does not provide that the governor has that kind of discretion to completely, completely disregard and throw away the nominating committee’s list and start over to get a new one.”

Process for nominating interim commissioner in the loea seat draws legal fire and community backlash

Plaintiff Hui Kānāwai ‘Oia‘i‘o seek a judicial declaration that Defendants Governor Josh Green and the Commission on Water Resource Management unlawfully and invalidly circumvented the process for nominating members of the commission.

The decision bolsters Hawaiʻi’s public trust framework, a legal doctrine establishing that natural resources must be protected for public use

Isaac Moriwake, longtime environmental attorney at Earthjustice, reflects on recent cases that now have potential to improve on the status quo.

State Water Commission failed to restore stream flows after closure of last sugar plantation

We therefore vacate the Commission’s Findings of Fact, Conclusions of Law, and Decision and Order issued June 28, 2021, as amended by Errata issued June 30, 2021, with respect to the IIFS and the delegation of the Commission’s public trust duties. Other than for the reasons given in this opinion for vacatur or remand, we affirm. We remand for further proceedings consistent with this opinion.

As time runs out for Pacific Northwest salmon, the Biden administration is signaling important steps to restore native fish populations and honor treaty obligations.

The battle over fresh water resources on the Hawaiian Islands is as old as the colonialist mindset that fuels it.

An opinion piece by Naomi Klein and Kapuaʻala Sproat. Naomi Klein is the professor of climate justice and co-director of the Centre for Climate Justice at the University of British Columbia. Kapuaʻala Sproat is a Professor of Law at Ka Huli Ao Native Hawaiian Law Center & the Environmental Law Program. She also co-directs the…

Community calls foul on lack of public hearing on island’s hugest project of the century proposed by KIUC and AES

Community-led movement leads to groundbreaking Commission decision

Leina‘ala Ley, Attorney, Mid-Pacific Office, Earthjustice: “KIUC admits it has not used water from the two diversions for the past two and a half years, and will not be able to use water for the foreseeable future because it has not repaired the siphon and it does not have plans, currently, to contract for those…

Isaac Moriwake, Managing Attorney, Mid-Pacific Office, Earthjustice: “This is a model for 21st-century water management for all of Hawaii. We owe it to the community who carried the burden for this, and to future generations, to get it right.”

Isaac Moriwake, Managing Attorney, Mid-Pacific Office, Earthjustice: “There’s no question that this is a historic move forward, in terms of shifting from the old plantation paradigm of draining rivers and streams dry to now recognizing the need to protect flowing rivers and streams.”

Community groups flag concerns on further corrections and improvements needed

Hawai‘i Water Commission 2021 Decision on Maui’s “Four Great Waters”