Oral Argument before the Hawaii Supreme Court – SCPW-23-0000471
No. SCPW-23-0000471, Wednesday, August 23, 2023, 2 p.m.
BOARD OF LAND AND NATURAL RESOURCES, STATE OF HAWAI‘I, Petitioner, vs. THE HONORABLE JEFFREY P. CRABTREE, Judge of the Circuit Court of the First Circuit, State of Hawai‘i, Respondent Judge, and SIERRA CLUB; ALEXANDER & BALDWIN, INC.; EAST MAUI IRRIGATION COMPANY, LLC; and COUNTY OF MAUI, Respondents.
The above-captioned case has been set for oral argument on the merits.
The oral argument was held remotely and livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and Olelo TV 55.
Attorneys for Petitioner BOARD OF LAND AND NATURAL RESOURCES, STATE OF HAWAI‘I:
Julie H. China, Danica L. Swenson, and Miranda C. Steed, Deputy Attorneys General
Attorney for Respondent SIERRA CLUB:
David Kimo Frankel
Attorneys for Respondents ALEXANDER & BALDWIN, INC. and EAST MAUI IRRIGATION COMPANY, LLC:
David Schulmeister, Trisha H.S.T. Akagi, and Mallory T. Martin of Cades Schutte LLP
Attorneys for Respondent COUNTY OF MAUI:
Mariana Lowy-Gerstmar and Kristin K. Tarnstrom, Deputies Corporation Counsel
NOTE: Order assigning Circuit Judge Wendy M. DeWeese and Circuit Judge James S. Kawashima due to vacancies, filed 8/16/23.
COURT: Recktenwald, C.J., McKenna and Eddins, JJ., and Circuit Judge DeWeese and Circuit Judge Kawashima, assigned by reason of vacancies
This original proceeding concerns Petitioner Board of Land and Natural Resources’ (BLNR’s) requests for a writ of mandamus directing the Honorable Jeffrey P. Crabtree, Judge of the Circuit Court of the First Circuit (Respondent Judge) to enter final judgment in 1CCV-22-0001506, and a writ of prohibition enjoining the Respondent Judge from altering the amount of water that is allowed to be diverted under the revocable permits. BLNR also requests an immediate stay of the Respondent Judge’s decision to alter the amount of water that is allowed to be diverted under the revocable permits pending this court’s decision on BLNR’s petition for writs of mandamus and prohibition.