Despite all of the parties in the case calling for the removal of the hearing officer selected by the Board of Land and Natural Resources to conduct the contested case after remand by the Hawaii Supreme Court as we noted just a couple of days ago, the Board has — somewhat surprisingly — refused
Administrative law
The Latest On The Thirty Meter Telescope Case: Everyone Wants The Hearing Officer Removed
Hawaii News Now – KGMB and KHNL
Hawaii News Now came calling yesterday, looking for commentary about the latest in the case challenging the proposed Thirty Meter Telescope on the Big Island’s Mauna Kea. We obliged.
As you know, we’ve been following the case. It’s already been up to the Hawaii Supreme Court, which…
Fighting Eminent Domain, Texas Style: Form Your Own Utility District, Plead Immunity
The issue determined by the Texas Supreme Court in In re Lazy W District No. 1, No. 15-0117 (May 27, 2016), was whether — in a case where one governmental entity is trying to condemn another governmental entity’s property — the trial court must resolve the power to take issue before or after the…
Unanimous SCOTUS: You Can Judicially Challenge A Clean Water Act Jurisdictional Determination
This just in. The Court, in an opinion authored by Chief Justice Roberts:
The Clean Water Act regulates the discharge of pollutants into “the waters of the United States.” 33 U. S. C. §§1311(a), 1362(7), (12). Because it can be difficult to determine whether a particular parcel of property contains such waters, the U. S.
More On The Election Office Snafu Case, Awaiting Decision By The Hawaii Supreme Court
More on that case we reported on earlier this week, recently argued at the Hawaii Supreme Court:
- Journalist Ian Lind posts “Hawaii Supreme Court skeptical of Office of Elections” which has links to the merits briefs in the court of appeals. These help us to understand the arguments better. Recall that with
…
After A Judicial Feeding Frenzy, The Hawaii Supreme Court Searches For Rules To Fix The Office Of Elections
“Mistakes Were Made”
During last week’s oral arguments (also streaming below) in Green Party of Hawaii v. Nago, No. SCWC 14-0001313 (May 18, 2016) — arguments that ran nearly 50% over the scheduled one hour length — the justices of the Hawaii Supreme Court appeared to be searching for a practical answer to the…
HAWSCT To Decide On Timing Of Voter Registration Appeals: When Is An Appeal “Filed?”
Cinematic Rude Awakenings from Roman Holiday on Vimeo.
If there’s one thing that makes lawyers sit bolt upright in a sweat at 3 am, it’s the prospect of missing a jurisdictional deadline. A statute of limitations, a notice of appeal. Come on, you know you’ve been there. Keep your carrier’s number on speed…
California Coastal Development In A Nutshell: Hire Jesus – Moses, Actually – To Sell Your Luxe Home Plans, And Become One With The Mountain.
A good story for your weekend reading from the Los Angeles Times, “U2’s The Edge and his decade-long fight to build on a pristine Malibu hillside,” about the rock guitarist’s decade-long effort to build his dream home compound in the exclusive coastal town. Running smack dab in to the California Coastal Commission…
Hawaii Supreme Court Election/Admin Law Case To Watch
In this order, the Hawaii Supreme Court agreed to review (“accepted certiorari” in the local appellate lingo) the Intermediate Court of Appeals’ opinion in Green Party of Hawaii v. Nago, No. CAAP-14-0001313 (Dec. 18, 2015). That decision answered in part the often elusive question of “what is an agency ‘rule’ that triggers the rulemaking …
Latest On The Latest Hawaii Takings Case: Unconstitutional Conditions, Statutes Of Limitations, And Vested Rights
Here’s the latest on a takings case that is winding its way through the U.S. District Court in Honolulu. Yes, you read that right: a takings case being litigated in federal court.
Intrigued? Read on.
We’ve covered this case and the related state court litigation several times here before, so this isn’t entirely unfamiliar ground. This…


