November 14, 2017
The Federal District Court further validates Friends of Maha`ulepu’s (“FOM”) Clean Water Act (“CWA”) case against Defendants Hawaii Dairy Farms, LLC (“HDF”), a project of Pierre Omidyar’s Ulupono Initiative, LLC, and Grove Farm’s Maha`ulepu Farm, LLC. In his 71 page Order, Judge Kenneth J. Mansfield, awarded more than ½ million dollars in attorney fees, expert fees and litigation costs, finding FOM the prevailing party; “the Court concludes that (A) Plaintiff
is a prevailing party, and (B) an award is appropriate.” (Order, Pg. 10) In his ruling Judge Mansfield found “Defendants’ argument unpersuasive.” (Order, Pg. 14) He also found that FOM’s action and the Consent Judgment met the Ninth Circuit three part test in deciding that FOM was the prevailing party:
1. Judicial enforcement;
2. Material alteration of the legal relationship between the parties; and
3. Actual relief on the merits of the plaintiff’s claims (Order Pg. 10)
In finding FOM the prevailing party, The Court found the Consent Judgment confirmed on ongoing judicial enforcement, a material change in the parties’ relationship because one party is required “to do something it otherwise would not be required to do”. View full Press Release.
April 6, 2017
Friends of Maha`ulepu is pleased to announce the resolution of their Clean Water Act case against Ulupono Initiative, LLC, Hawaii Dairy Farms, LLC , and Mahaulepu Farm, LLC. The Federal Court Order in addition to the signed Consent Decree prohibits any further development, construction, or ground disturbing activities at HDF’s proposed industrial dairy site in Maha`ulepu. View Press Release.
June 1, 2015
May 8, 2015
Groups Petition State to Protect Kauai’s Most Polluted Stream – Waiopili Stream pollution levels spike to 275 times higher than State and Federal bacteria limits. View Petition and Petition Exhibits.