ATG News Release: 2024-16 BOARD OF LAND AND NATURAL RESOURCES PREVAILS ON APPEAL IN EAST MAUI WATER CASE

Government
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Governor Josh Green | Governor of Hawaii

The Hawaiʻi Board of Land and Natural Resources has emerged victorious in an appeal related to the issuance of revocable permits for water diversion in East Maui to Central and Upcountry Maui.

In a statement, Deputy Attorney General Melissa Goldman, representing the BLNR, expressed satisfaction with the outcome, emphasizing the importance of agencies making policy decisions within their areas of expertise. She stated, "We are pleased with the result, which recognizes that agencies acting in their field of expertise make policy decisions in our system of government."

BLNR Chair Dawn Chang credited the board's commitment to following applicable laws and regulations in their decision-making process. Chang stated, "The BLNR, comprised of dedicated volunteers from each island, has consistently applied appropriate Hawai‘i Administrative Rules (HARs) and state statutes in its decision making."

The case, known as Sierra Club v. Board of Land and Natural Resources, et al., concluded with the Hawaiʻi Intermediate Court of Appeals ruling in favor of the BLNR and its co-appellants. The court determined that the BLNR was justified in denying a contested case hearing requested by Sierra Club and upheld the board's authority in awarding and renewing water diversion revocable permits.

The published opinion of the Intermediate Court of Appeal on the case can be accessed for further details.