Kuilima Resort Company has asked the Hawaii Supreme Court to reconsider or clarify its opinion in the Turtle Bay/Kuilima EIS case (Unite Here! Local 5 v. City and County of Honolulu, No. 28602 (Apr. 8, 2010)), in which the court held that a supplemental environmental impact statement is required when a project’s context changes, even if the project itself has not. The motion is available here.
Under Rule 40 of the Hawaii Rules of Appellate Procedure, no response can be filed unless the court asks for it, and the court has 10 days to act on the motion. If the court does not act within the 10 days, the motion is automatically rejected.