The Hawai‘i Supreme Court delivered a significant ruling on Thursday, siding with East Maui water advocates and overturning the Board of Land and Natural Resources' (BLNR) decision. The court found that the BLNR violated the state constitution by permitting Alexander & Baldwin, Inc. to divert fresh water from East Maui streams. This decision stems from a 2020 case brought by the Sierra Club of Hawaiʻi, challenging the renewal of Alexander & Baldwin’s revocable permit. The court's ruling mandates that the BLNR should have held a contested case hearing before renewing the permit, allowing for a more thorough examination of the environmental and cultural impacts of the water diversion. This case has broad implications for businesses, developers, and the future of water management in Hawai'i.
The court's decision, as reported by Maui Now, centers on the public's right to participate in decisions affecting vital resources like streams. The ruling underscores the importance of due process and environmental considerations in land use decisions. The Sierra Club's attorney, David Kimo Frankel, emphasized the critical nature of the streams and the public's role in these decisions, as noted in a Hawaii News Now report.
For businesses, particularly those involved in agriculture and development, this ruling could mean increased scrutiny and potential delays in projects requiring water use. Mahi Pono, which now owns the farmland previously held by Alexander & Baldwin, may face challenges in its water management, potentially impacting its operations. The ruling also highlights the growing importance of sustainable practices and the need for businesses to consider environmental impact assessments and community input in their planning processes. Furthermore, the court’s decision sets a precedent for future water rights cases, potentially reshaping how the BLNR makes decisions, which affects various development and investment opportunities in the state.
The implications extend beyond Maui. The ruling affects how state agencies assess the environmental impact of land use decisions. The legal battle, as described in The Maui News, potentially increases the state's scrutiny of the water withdrawal from East Maui farms. This decision reflects a broader trend of prioritizing environmental protection and community interests in land and water resources management, which will affect entrepreneurs and investors across the islands.
