Justia Native American 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

This case involves a dispute over the Mauna Kea Access Road (MKAR) in Hawaii, which partially lies on Hawaiian home lands. The plaintiffs, who are Native Hawaiian beneficiaries of the Hawaiian home lands trust, sued the State of Hawaii and several of its departments, alleging that they breached their trust duties by allowing the State to use MKAR lands without payment since the 1970s. They also argued that the State's attempt to designate MKAR as a state highway in 2018 was ineffective as a matter of law.The lower court granted summary judgment in favor of the defendants, based on Act 14 of 1995, which was intended to resolve all controversies relating to the Hawaiian home lands trust that arose between 1959 and 1988. The defendants argued that Act 14 remedied the uncompensated use of the Hawaiian home lands underlying the MKAR and made enforcement of a land exchange the exclusive remedy for the plaintiffs.The Supreme Court of the State of Hawaii disagreed with the lower court's ruling. The Supreme Court held that Act 14 of 1995 does not preclude the plaintiffs' claims, that the portion of the MKAR going through Department of Hawaiian Home Lands (DHHL) lands is not a state highway because legal requirements for such a designation were not satisfied, and that the State breached its constitutional and fiduciary obligation to faithfully carry out the Hawaiian Homes Commission Act, 1920. The Supreme Court vacated the lower court's judgment and remanded the case for further proceedings. View "Kanahele v. State" on Justia Law