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.
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…
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…
In the News: Honolulu Star AdvertiserJune 30, 2021
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.”
Moloka‘i Nō Ka Heke, through its counsel Earthjustice, petitions the Commission on Water Resource Management to amend upward and establish numeric interim instream flow standards for Kawela,
Kaunakakai, Manawainui, and Waikolu Streams and their tributaries on Moloka‘i.
Submitted by Kauaʻi community group Hui Hoʻopulapula Nā Wai o Puna. The two streams in dispute — Waiʻaleʻale and Waikoko Streams — flow directly from Mount Waiʻaleʻale, a place of paramount sacredness in Hawaiian culture, but have been diverted for almost 100 years by plantations and are now diverted by KIUC to run two small plantation-era hydro plants.