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

Today, the Hawaii Supreme Court agreed to review Unite Here! Local 5 v. City and County of Honolulu, 120 Haw. 457, 209 P.3d 1271 (Haw. Ct. App. 2008), 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.

A link to the ICA's decision and the opinion of the dissenting judge is posted here. The briefs filed in the ICA are posted here.

The cert application, the brief in opposition, and the amici briefs on the application are here:

• Application for Writ of Certiorari

• Memorandum in Opposition (Kuilima Resort Company)

• City & County of Honolulu's response to cert application

• Motion for Leave to Appear and File a Brief as Amici Curiae (supporting the application) by Conservation Council for Hawaii, Surfrider Foundation, Hawaii's Thousand Friends, Life of the Land, Maui Tomorrow Foundation and Kahea

• Response to Amici Brief (Kuilima Resort Company)

There will not be further briefing unless the court requests it. The usual next step is the scheduling of oral arguments.