Justia Government & Administrative Law Opinion Summaries

A dispute arose over the State of Hawai‘i Board of Land and Natural Resources’ (the Board) annual continuation of a revocable water permit issued to Kaua‘i Island Utility Cooperative (KIUC) for the diversion of water from state lands to power hydropower plants. The permit, first issued in 2003, was renewed yearly through 2022. In 2019, the diversion infrastructure was severely damaged, and KIUC ceased using the water for hydropower but continued to maintain the system. Petitioners, two organizations with members asserting native Hawaiian traditional and customary rights, requested contested case hearings in 2020 and 2021, arguing that the continued diversion and disrepair of the system harmed their rights and the environment. The Board denied these requests and continued the permit.Petitioners appealed to the Circuit Court of the First Circuit (Environmental Court), challenging the denial of contested case hearings, the permit’s continuation, and alleging violations of the Board’s public trust duties. While the appeal was pending, the permit expired at the end of 2022. The Environmental Court found that Petitioners had protected property interests under the Hawai‘i Constitution, that their due process rights were violated by the denial of contested case hearings, and that the Board’s failure to issue findings of fact and conclusions of law prevented meaningful review. The court vacated and reversed the Board’s 2021 and 2022 permit continuations.The Intermediate Court of Appeals (ICA) vacated the Environmental Court’s decision, holding that Petitioners had standing under the right to a clean and healthful environment, but that the case was moot and no exceptions applied. The ICA also found no due process violation and concluded the Environmental Court exceeded its jurisdiction in reviewing the merits of the permit continuations.The Supreme Court of Hawai‘i held that exceptions to mootness applied, Petitioners had standing based on injury to traditional and customary rights, and that contested case hearings were required to protect their due process rights. The court vacated the ICA’s judgment and remanded the case to the Board for further proceedings. View "Kia'i Wai o Wai'ale'ale v. Board of Land and Natural Resources" on Justia Law

The dispute centers on the extension of a grading and grubbing permit issued by the Director of the Department of Public Works, County of Maui, to Maui Lani Partners for excavation work at a residential development site containing ancestral Hawaiian burial sites. In March 2018, an unincorporated association and its members challenged the validity of the permit extension, alleging violations of state and county laws requiring consultation with the State Historic Preservation Division and arguing that the Director exceeded his authority in granting the extension without good cause.The Circuit Court of the Second Circuit granted motions to dismiss the complaint on all counts without prejudice, finding no regulatory or statutory authority requiring consultation with the State Historic Preservation Division for permit extensions and that the Director acted within his discretionary authority. The court denied the plaintiffs’ motion for summary judgment and later denied their HRCP Rule 60(b)(6) motion for reconsideration, concluding that the plaintiffs had not presented new law or argument. The plaintiffs appealed to the Intermediate Court of Appeals (ICA), which affirmed the circuit court’s denial of costs and the motion for reconsideration but held that the notice of appeal was untimely because the Rule 60(b) motion was not filed within ten days of judgment and thus did not toll the appeal deadline.The Supreme Court of Hawaiʻi reviewed the case and held that a motion for reconsideration filed under HRCP Rule 60(b) is a “tolling motion” under HRAP Rule 4(a)(3) if filed within a reasonable time and before the appeal deadline, thereby extending the time to file a notice of appeal. The court also held that the ICA did not err in affirming the circuit court’s denial of the Rule 60(b)(6) motion for reconsideration. The Supreme Court vacated the ICA’s judgment in part and remanded for further proceedings. View "Kakanilua v. Director of the Department of Public Works" on Justia Law

A nonprofit organization sought access to confidential court records from child protective and adoption proceedings involving a young girl who died after being placed in foster care and later adopted. The girl was reported missing in 2021, and her death was confirmed in 2023. The records also contained information about her siblings. The siblings, through their counsel, did not object to disclosure as long as their identities were protected through redactions. The Department of Human Services and the adoptive father opposed disclosure, arguing that the records were confidential and that redactions would not sufficiently protect privacy.The Family Court of the First Circuit denied the request, reasoning that releasing redacted records would be misleading and would not serve the public interest in understanding the response of agencies and the court to child abuse and neglect. The court concluded that the records should remain sealed, citing concerns about the completeness and potential for misunderstanding of the redacted information.The Supreme Court of the State of Hawaiʻi reviewed the case and held that, under Hawaiʻi Revised Statutes §§ 587A-40 and 578-15, public access to confidential child protective and adoption records is permitted when a foster child is missing, has suffered a near fatality, been critically injured, or has died, provided that information about living siblings is redacted to protect their privacy. The court overruled prior precedent to the extent it limited disclosure to only those purposes that further the best interests of the child, clarifying that a “legitimate purpose” for disclosure can exist independently. The court ordered the release of the redacted records and provided guidance for future requests, affirming the family court’s authority to require agencies to prepare redacted versions for public access. View "Public First Law Center v. Viola" on Justia Law

Eckard Brandes, Inc. performed sewer pipeline cleaning, closed-circuit television (CCTV) inspection, and occasional repairs for public works projects in Hawai‘i. Historically, the company paid employees performing cleaning and inspection at a lower company rate, based on a 2005 letter from the Department of Labor and Industrial Relations (DLIR) stating that such work was not considered “construction” under Hawai‘i Revised Statutes (HRS) chapter 104 and thus not subject to prevailing wage requirements. Employees performing repairs were paid at the higher Laborer I or II rates. Scott Foyt, an employee, operated a Vactor truck for cleaning and occasionally assisted with inspection and repairs. He was paid the lower rate for cleaning and inspection, and the Laborer I or II rate for repairs.After Foyt filed a wage complaint, the DLIR investigated and determined that he should have been paid the higher Truck Driver prevailing wage for all work involving the Vactor truck, issuing a Notification of Violation and assessing back wages and penalties against Eckard Brandes. The company appealed, arguing it reasonably relied on the 2005 DLIR guidance. The Hearings Officer upheld the DLIR’s position, finding Foyt was misclassified and owed back wages.Eckard Brandes appealed to the Circuit Court of the First Circuit, which reversed the DLIR’s decision, holding that the company’s reliance on the 2005 letter was reasonable and that the DLIR could not retroactively apply its new interpretation. Foyt appealed, and the Intermediate Court of Appeals (ICA) affirmed the circuit court’s decision, agreeing that retroactive application was arbitrary and capricious.The Supreme Court of Hawai‘i affirmed the ICA’s judgment, holding that under the circumstances, the DLIR was estopped from penalizing Eckard Brandes for relying on its prior interpretation. The court found that equitable estoppel applied because the company reasonably relied on the agency’s affirmative representations. View "Eckard Brandes, Inc. v. Department of Labor and Industrial Relations" on Justia Law

Three non-profit corporations, each formed by littoral homeowners in the Portlock neighborhood of East Honolulu, purchased narrow beachfront reserve lots that separated their homes from the ocean. In 2003, Hawai‘i enacted Act 73, which declared certain accreted lands—land gradually added to the shoreline by natural forces—to be public property, preventing private parties from registering or quieting title to such land. Shortly after purchasing the lots, the non-profits (the Ohanas) filed an inverse condemnation action, alleging that Act 73 resulted in an uncompensated taking of accreted land seaward of their lots, in violation of the Hawai‘i Constitution. The parties stipulated that, if a taking occurred, just compensation would be based on the fair market rental value of the accreted land.The Circuit Court of the First Circuit initially granted partial summary judgment to the Ohanas, and the Intermediate Court of Appeals (ICA) affirmed in part, holding that Act 73 effected a taking of existing accreted lands. On remand, after a bench trial with expert testimony, the circuit court found that the fair market rental value of the accreted land was zero dollars, based on credible evidence that the land’s use was highly restricted and had no market value. The court declined to award nominal damages or attorneys’ fees. The ICA affirmed, finding the circuit court’s factual determinations were supported by substantial evidence and that sovereign immunity barred attorneys’ fees.The Supreme Court of Hawai‘i affirmed the ICA’s judgment. It held that the circuit court did not err in awarding zero dollars as just compensation, nor in declining to award nominal damages, because the Ohanas suffered no compensable loss. The court further held that the just compensation clause of the Hawai‘i Constitution does not waive sovereign immunity for attorneys’ fees in inverse condemnation cases. View "Maunalua Bay Beach Ohana 28 v. State" on Justia Law

An employee with over twenty years of service at the State of Hawai‘i Department of Public Safety was discharged from her position as warden of a correctional facility following allegations of creating a hostile work environment and sexual harassment. The investigation led to multiple charges, some of which were sustained by a hearings officer, resulting in the Director’s decision to terminate her employment. The employee had no prior disciplinary record and had previously received recognition for her service.The employee appealed her discharge to the Merit Appeals Board (MAB), which held a contested case hearing. The MAB found credible evidence to sustain some, but not all, of the charges, including one for sexual harassment under a progressive discipline policy. However, the MAB found no credible evidence to support the charge brought under the employer’s zero-tolerance workplace violence policy. Considering the employee’s long, discipline-free record and the principle of progressive discipline, the MAB modified the discharge to a sixty-day suspension and ordered her reinstatement.The Department of Public Safety appealed to the Circuit Court of the First Circuit, which reversed the MAB’s decision, concluding that the MAB exceeded its statutory authority by applying progressive discipline rather than deferring to the zero-tolerance policy. The Intermediate Court of Appeals affirmed the circuit court’s judgment.The Supreme Court of the State of Hawai‘i reviewed the case and held that the MAB acted within its statutory authority under Hawai‘i law when it modified the disciplinary action from discharge to a sixty-day suspension. The Supreme Court determined that the sustained charges were not subject to the zero-tolerance policy, and the MAB’s application of progressive discipline was proper. The Supreme Court reversed the lower courts’ decisions and affirmed the MAB’s order. View "Department of Public Safety v. Forbes" on Justia Law

A group of neighbors opposed the development of a public sports park on a 65-acre parcel in Maui. The State Department of Land and Natural Resources (DLNR) sought and received a special use permit from the County of Maui Planning Commission to build the park. Several future members of the neighbors’ group, Maui Lani Neighbors, Inc. (MLN), received notice of the permit hearing, attended, and some testified, but none formally intervened in the proceedings. After the permit was granted, one future MLN member filed an administrative appeal but later dismissed it. MLN was then incorporated and filed a lawsuit in the Circuit Court of the Second Circuit, challenging the permit on zoning, environmental, constitutional, and procedural grounds.The Circuit Court of the Second Circuit dismissed most of MLN’s claims, holding that they should have been brought as an administrative appeal of the Planning Commission’s decision under Hawai‘i Revised Statutes (HRS) § 91-14, and that MLN failed to exhaust administrative remedies. The Intermediate Court of Appeals (ICA) affirmed, but with different reasoning on some points. The ICA held that the administrative process provided an exclusive remedy for most claims, but allowed that some environmental claims under HRS chapter 343 (the Hawai‘i Environmental Policy Act, or HEPA) could proceed in circuit court if they did not seek to invalidate the permit.The Supreme Court of Hawai‘i affirmed the ICA’s judgment in most respects, but clarified that MLN’s claims under HRS chapter 343 were not subject to the exhaustion doctrine and could be brought directly in circuit court. The court held that, except for HEPA claims, MLN was required to challenge the permit through an administrative appeal, and that the declaratory judgment statute (HRS § 632-1) did not provide an alternative route. The court remanded the case to the circuit court to consider the HEPA-based claims. View "Maui Lani Neighbors v. State" on Justia Law

A group of plaintiffs from Kauaʻi, Oʻahu, and Maui challenged a series of emergency proclamations issued by the Governor of Hawaiʻi, beginning in July 2023, which declared affordable housing a state emergency. These proclamations suspended various state laws and established expedited processes for approving and constructing housing projects, including the creation of a State Lead Housing Officer and a Build Beyond Barriers Working Group. The initial proclamations allowed all housing projects, not just affordable housing, to benefit from the suspended laws and expedited certification. Over time, the proclamations were revised, narrowing their scope and transferring certification authority to the Hawaiʻi Housing Finance and Development Corporation (HHFDC).The plaintiffs first filed a writ of quo warranto against the State Lead Housing Officer and the Working Group, arguing that the proclamations exceeded the governor’s statutory authority and violated constitutional provisions. The Circuit Court of the Second Circuit dismissed the petition without prejudice, finding the mechanism inapplicable and the claims moot, but allowed amendment. Plaintiffs then filed an amended complaint for declaratory relief against the governor and HHFDC, which was also dismissed for lack of standing and procedural defects. Plaintiffs appealed, and after briefing in the Intermediate Court of Appeals, the case was transferred to the Supreme Court of Hawaiʻi.The Supreme Court of Hawaiʻi held that the case was justiciable, plaintiffs had standing based on their constitutional right to a clean and healthful environment, and procedural missteps did not bar their claims. The court articulated a standard for reviewing emergency proclamations: they must be rationally related to public health, safety, and welfare, and the executive actions must be reasonably necessary to address the emergency. Applying this, the court found the Sixth through Fifteenth proclamations valid, but held the first five exceeded the governor’s emergency powers. The court vacated the circuit court’s dismissal of the declaratory judgment claims. View "Nakoa v. Governor of the State of Hawai'i" on Justia Law

A company had been diverting large amounts of water from streams in East Maui for over twenty years under a series of annually renewed, so-called “temporary” permits issued by the state’s Board of Land and Natural Resources (BLNR). Each year, the company applied to renew these permits, which allowed it to use state land and divert millions of gallons of water daily. In 2020, before BLNR voted to renew the permits for 2021, an environmental group timely requested a contested case hearing, arguing that new evidence and changed circumstances warranted further scrutiny. BLNR denied this request and proceeded to renew the permits, adding some new conditions.The environmental group appealed to the Environmental Court of the First Circuit, challenging both the denial of a contested case hearing and the permit renewals. The Environmental Court found that the group had a constitutionally protected right to a clean and healthful environment, as defined by state law, and that due process required a contested case hearing before the permits were renewed. The court vacated the permits but stayed its order to avoid disruption, temporarily modifying the permits to reduce the allowable water diversion. The court also awarded attorney fees and costs to the group.On appeal, the Intermediate Court of Appeals (ICA) held that the group’s protected interest was defined by some, but not all, relevant environmental laws, and that due process did not require a contested case hearing in this instance. The ICA further found that the Environmental Court lacked jurisdiction over the permit renewals and erred in modifying the permits and awarding attorney fees.The Supreme Court of Hawaiʻi reversed the ICA in relevant part. It held that the group’s constitutional right was defined by all cited environmental laws, including those governing coastal zone management. The court concluded that due process required a contested case hearing before the permits were renewed, and that the Environmental Court had jurisdiction to review both the denial of the hearing and the permit renewals. The Supreme Court also affirmed the Environmental Court’s authority to temporarily modify the permits and to award attorney fees and costs to the environmental group. View "Sierra Club v. Board of Land and Natural Resources" on Justia Law

A state agency issued a new revocable permit to a company for seed research operations on state-owned conservation land. The agency declared that an environmental assessment (EA) was not required, reasoning that the land’s use was not changing and that there would be minimal or no significant environmental impact. In making this determination, the agency relied on a 1982 finding of no significant impact (FONSI) that had been issued for sugar cane cultivation, not for seed research involving restricted use pesticides and genetically modified organisms. The agency did not analyze the potential environmental impacts of the new seed research activities.A group of plaintiffs challenged the agency’s exemption declaration in the Environmental Court of the Fifth Circuit, arguing that the agency failed to take a “hard look” at the environmental impacts and did not follow proper procedures under the Hawai‘i Environmental Policy Act (HEPA). The environmental court granted summary judgment in favor of the agency and the company, upholding the exemption. On appeal, the Intermediate Court of Appeals (ICA) found that there were genuine issues of material fact and gaps in the agency’s record, and remanded the case to the environmental court for further proceedings to reassess the exemption.The Supreme Court of the State of Hawai‘i reviewed the case and held that whether an agency has followed proper procedures or considered appropriate factors in declaring an EA exemption are questions of law reviewed de novo. The court concluded that the agency did not follow proper procedures or consider appropriate factors in its exemption declaration, as its record was insufficient and failed to address the environmental impacts of seed research operations. The court vacated the ICA’s judgment and the environmental court’s orders, and remanded the case with instructions that the agency must prepare an EA regarding the possible environmental impacts of the seed research use. View "Ke Kauhulu O Mn v. Board of Land and Natural Resources" on Justia Law