Kaupiko v. Board of Land and Natural Resources

• Court: Hawaii Supreme Court
• Decided: October 11, 2024
• Docket: SCAP-22-0000557
• Status: Published

Opinion

*** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER ***

Electronically Filed Supreme Court SCAP-XX-XXXXXXX 11-OCT-2024 11:53 AM Dkt. 43 OCOR

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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WILLIE KAUPIKO; KA‘IMI KAUPIKO; MIKE NAKACHI; FOR THE FISHES; CENTER FOR BIOLOGICAL DIVERSITY; and KAI PALAOA, Plaintiffs-Appellants/Cross-Appellees,

vs.

BOARD OF LAND AND NATURAL RESOURCES, STATE OF HAWAI‘I; and DEPARTMENT OF LAND AND NATURAL RESOURCES, STATE OF HAWAI‘I, Defendants-Appellees/Cross-Appellants,

and

PET INDUSTRY JOINT ADVISORY COUNCIL, Defendant-Intervenor-Appellee/Cross-Appellee.

SCAP-XX-XXXXXXX

APPEAL FROM THE ENVIRONMENTAL COURT OF THE FIRST CIRCUIT (CAAP-XX-XXXXXXX; CASE NO. 1CCV-XX-XXXXXXX)

ORDER OF CORRECTION (By: Recktenwald, C.J.)

IT IS HEREBY ORDERED that the Opinion of the Court,

filed on August 28, 2024, is corrected as follows: *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER ***

1. On page 4, on the fifth line from the top of the

page, the words “grant of summary judgment for PIJAC” should be

replaced with “denial of Plaintiffs’ motion for summary

judgment,” so that the text reads: “We therefore affirm the

environmental court’s denial of the State’s motion to dismiss

and its denial of Plaintiffs’ motion for summary judgment.”

2. On pages 56-57, the paragraph of section V should

be corrected by following these redline edits:

V. CONCLUSION Accordingly, we affirm the environmental court’s (1) January 6, 2022 “Ruling on BLNR’s Motion to Dismiss Complaint (filed 8/9/21, Dkt. 15)”; (2) January 2, 2022 January 17, 2022 “Order Denying Defendants’ Motion to Dismiss Complaint Filed July 13, 2021”; (23) August 16, 2022 “Ruling on Plaintiffs’ MSJ (filed 2/18/22, Dkt. 72)”; (34) September 12, 2022 “Order Denying [072] Plaintiffs Willie Kaupiko, Ka‘imi Kaupiko, Mike Nakachi, For the Fishes, Center for Biological Diversity, and Kai Palaoa’s Motion for Summary Judgment Filed February 18, 2022”; and (45) September 12, 2022 “Final Judgment”.

The paragraph of section V should read: Accordingly, we affirm

the environmental court’s (1) January 6, 2022 “Ruling on BLNR’s

Motion to Dismiss Complaint (filed 8/9/21, Dkt. 15)”;

(2) January 17, 2022 “Order Denying Defendants’ Motion to

Dismiss Complaint Filed July 13, 2021”; (3) August 16, 2022

“Ruling on Plaintiffs’ MSJ (filed 2/18/22, Dkt. 72)”;

2 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER ***

(4) September 12, 2022 “Order Denying [072] Plaintiffs Willie

Kaupiko, Ka‘imi Kaupiko, Mike Nakachi, For the Fishes, Center for

Biological Diversity, and Kai Palaoa’s Motion for Summary

Judgment Filed February 18, 2022”; and (5) September 12, 2022

“Final Judgment.”

The Clerk of the Court is directed to take all

necessary steps to notify the publishing agencies of these

changes.

DATED: Honolulu, Hawaiʿi, October 11, 2024.

/s/ Mark E. Recktenwald Chief Justice