BREAKING NEWS!
Posted 9/24/2022
Aloha,
Big news, at 9:30 am this morning the Hawaii Supreme Court issued a 54 page unanimous decision overturning each of Judge Watanabe’s decisions granting 4 judgements in favor of Kauai Department of Water (KDOW). Bottom line, WE WON BIG!
The five Justices ruled that KDOW “did not provide a candid assessment” (they lied) in the environmental review process. They also ruled that KDOW did not comply with State law, the basis of our original claim to the Circuit Court. In the unanimous decision of the court today, they reversed Judge Watanabe’s grant of Summary Judgement against our 10 causes of action. The Justices ruled that “KDOW must issue a new EA”, remanding the case to judge Watanabe to consider granting us injunctive relief. See Conclusion and quoted references above page 52 Supreme Court Decision attached.
If you recall, we shared that KDOW had not been honest when they told the public the reasons for the new 18 inch main that would be added to an existing 16 inch main taking water from KDOW/Grove Farm’s Waiahi surface water treatment plant (SWTP). When the draft EA was released in the Fall of 2017, they claimed the addition of a larger new main was to address a pressure problem in their line. However, after we filed the suit to challenge the inadequacy of their EA, we found an initial EA on the State OEQC website that stated the actual reasons for the new 18 inch main, the need for increased water capacity to service Grove Farm’s Lihue Development Master Plan. See KDOW’s own statements in the 2016 EA contrasted with the 2017 Public Notice below:
Withdrawn 2016 KDOW EA (check out stated purpose for increased capacity to meet Grove Farm’s housing development needs)
“Project Summary
Provide a description of the proposed action and purpose and need in 200 words or less.
The County of Kaua‘i, Department of Water (DOW) Ka‘paia Cane Haul Road 18-inch Main project proposes 9,000 linear feet of 18-inch waterline along Kapaia Cane Haul Road from Ma’alo Road to Kuhio Highway. The project is needed because the existing transmission facilities along Kuhio Highway from Ma’alo Road to the Lihu‘e area are not adequate to utilize the capacity from the Waiahi surface water treatment plant (SWTP) for the planned affordable housing development of the Lihu’e area…”
2017 KDOW EA published for public comment in Fall of 2017 without reference to the earlier withdrawn EA
“Project Summary
The Department of Water, County of Kauai (”KDOW”) proposes to construct an approximately 9,000 foot long, 18-inch diameter water transmission main (”Relief Line”)…” Claiming later in the EA that the line was needed to relieve pressure.
Let’s Join An Effort to Reopen the Road to Maha`ulepu. Sign by October 1st.
The other news is we need signatures on a petition to Grove Farm by October 1st. Many have written and asked what can be done to persuade Grove Farm to reopen the road into Maha`ulepu Beach. The following link allows you to join and sign with many others who believe Grove Farm should open Maha`ulepu Road so young and old can access that beautiful coastline.
Posted 9/13/2022:
Aloha,
The latest, bones unearthed at Pinkston Kiahuna Plantation Drive development. Here is a letter to the editor FOM submitted to TGI with supporting documents a week ago that has yet to be printed.
Also, below is a complete copy of a citizen complaint filed with the Kauai Planning Department, May 9, 2021, nearly one year prior to the Department giving a clearance for the developer to obtain a grading permit. There was no response to the citizen complaint other then to acknowledge its receipt.
Humpback whales are often seen breaching off the shores of Maha’ulepu during the winter months.
Aloha!
Friends of Maha’ulepu is comprised of a group of concerned citizens (local and beyond) who are contributing their time and talents to protect the natural beauty of this pristine coastal valley.
Maha’ulepu Beach is located on the South Shore of the Island of Kaua’i in the Hawaiian Islands, approximately 3 1/2 miles northeast of the town of Poi’pu. Poi’pu is one of the major visitor destinations on the island due to it’s beautiful beaches, swimming, snorkeling and surfing, sea turtles, whales, monk seals, trade winds, palm trees, and spectacular sunsets. Learn more about Friends of Maha’ulepu and the work we are doing!
Contact Government Officials
Please help by sending emails or letters objecting to an industrial dairy at Maha’ulepu to each of the key contacts. We recommend mailed letters be sent with receipt confirmation and to keep a personal copy as well as the return receipt.
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