SIERRA CLUB, Petitioner/Plaintiff-Appellant, vs. BOARD OF LAND AND NATURAL RESOURCES, DEPARTMENT OF LAND AND NATURAL RESOURCES, DAWN N. S. CHANG, in her official capacity as Chairperson of the Board of Land and Natural Resources, ALEXANDER AND BALDWIN, INC., EAST MAUI IRRIGATION COMPANY, LLC, COUNTY OF MAUI, MAHI PONO LLC AND MAHI PONO HOLDINGS, LLC., Respondents/Defendants-Appellees.

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The above-captioned case has been set for oral argument on the merits at:

Supreme Court Courtroom
Ali‘iōlani Hale, 2nd Floor
417 South King Street
Honolulu, HI 96813

The oral argument will also be live streamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/.

Attorney for Petitioner/Plaintiff-Appellant SIERRA CLUB:
     David Kimo Frankel

Attorneys for Respondents/Defendants-Appellees BOARD OF LAND AND NATURAL RESOURCES, DEPARTMENT OF LAND AND NATURAL RESOURCES, DAWN N. S. CHANG:
     Julie H. China and Miranda C. Steed, Deputy Attorneys General

Attorneys for Respondents/Defendants-Appellees ALEXANDER AND BALDWIN, INC. and EAST MAUI IRRIGATION COMPANY, LLC:
     Calvert G. Chipchase and Trisha H.S.T. Akagi of Cades Schutte

Attorneys for Respondents/Defendants-Appellees COUNTY OF MAUI:
     Mariana Lowy-Gerstmar and Kristin K. Tarnstrom, Deputies Corporation Counsel

NOTE: Order assigning Circuit Judge Clarissa Y. Malinao due to a vacancy, filed 02/17/26.

NOTE: Certificate of Recusal, by Associate Justice Lisa M. Ginoza, filed 02/26/26.

NOTE: Order assigning Circuit Judge Fa‘auuga To‘oto‘o, in place of Ginoza, J., recused, filed 03/03/26.

NOTE: Order granting motion to continue oral argument from 05/26/26 to 07/07/26 at 2:00 p.m., filed 04/13/26.

COURT: Devens, C.J., McKenna, Eddins, JJ. and Circuit Judge To‘oto‘o, in place of Ginoza, J. recused, and Circuit Judge Malinao, assigned by reason of vacancy.

Brief Description:

Petitioner/Plaintiff-Appellant Sierra Club filed an original action in Environmental Court following Respondent/Defendant-Appellee Board of Land & Natural Resources’ (BLNR) 2018 and 2019 renewals of four revocable permits authorizing Respondents/Defendants-Appellees Alexander & Baldwin, Inc. and East Maui Irrigation Company, LLC to utilize state lands and to divert millions of gallons of fresh water a day from East Maui streams for use outside that watershed during 2019 and 2020.  Relevant to this appeal, Sierra Club’s suit claimed that in renewing those revocable permits for 2019 and 2020, BLNR breached its public trust fiduciary duties (Count 2) and violated its obligations pursuant to HRS Chapter 205A, the Coastal Zone Management Act (CZMA) (Count 3).

The Environmental Court ruled in favor of defendants, and Sierra Club appealed to the Intermediate Court of Appeals (ICA).  As that appeal was pending, this court issued its decision in Maui Lani Neighbors, Inc. v. State (Maui Lani), 156 Hawai‘i 520, 575 P.3d 610 (2025). 

The ICA held that the Environmental Court lacked jurisdiction to hear Sierra Club’s claims pursuant to Maui Lani.  Specifically, the ICA determined that because Counts 2 and 3 of Sierra Club’s suit challenged BLNR’s decision-making on the revocable permits, BLNR had exclusive jurisdiction over those claims.  Therefore, the ICA concluded that Sierra Club was required to exhaust all proceedings in BLNR’s administrative processes, which included (following Maui Lani) an “administrative appeal under HRS § 91-14.”  The ICA vacated the Environmental Court’s Amended Findings of Fact and Conclusions of Law and Final Judgment and remanded for entry of an order of dismissal for lack of jurisdiction.

On certiorari, Sierra Club asks: (1) did the ICA err in dismissing Sierra Club’s appeal; (2) did the ICA err in finding that the Environmental Court lacked jurisdiction to hear claims in an original action that BLNR breached its trust duties and violated HRS Chapter 205A; and (3) did the ICA err in failing to hold that BLNR breached its trust duties and violated HRS Chapter 205A?