Real Estate & Property Law

Live Blog Of Turtle Bay/Kuilima EIS Case: Is A Change In "Context," But Not The Project, Enough To Trigger Supplemental EIS?

By Robert Thomas (inversecondemnation.com)

Tune in on Thursday, December 17, 2009 at 9:00 a.m. HST for my colleague Mark Murakami's live blog of the Hawaii Supreme Court oral arguments in Unite Here! Local 5 v. City and County of Honolulu, the case in which the Intermediate Court of Appeals held that unless the project changes, a supplemental EIS is not required under the Hawaii Environmental Policy Act, Haw. Rev. Stat. ch. 343.

You can pay a visit to Mark's blog hawaiioceanlaw.com, or tune in here to participate.

The court is reviewing this Question Presented:

HRS Chapter 343 an its enabling rules, is a supplemental environmental review required when there are significant changes to a project's circumstances, such as increased environmental and community impacts, or are supplemental reviews limited solely to changes in project design?

The application for writ of certiorari and opposing and amici briefs in the case thus far are posted here. 

The ICA's opinion is reported at 120 Haw. 457, 209 P.3d 1271 (Haw. Ct. App. 2008), and is posted here. The briefs filed in the ICA are posted here.

Full post as published by inversecondemnation on December 14, 2009 (boomark / email).