In November, Maui Tomorrow Foundation celebrated a significant legal victory for responsible coastal development and environmental oversight. In the court’s order, Judge Kirstin Hamman of the Maui Environmental Court invalidated the Maui Planning Commission’s recently updated Special Management Area (SMA) administrative rules.
While we hope the County will respect the Court’s decision, there is a possibility they may appeal. If that happens, we will be prepared to defend it, so stay tuned! Mahalo to everyone who stands with us in protecting Maui’s unique beauty and resources. Together, we can make a difference!
Press release regarding 2CCV-24-845, Maui Tomorrow Foundation vs. Maui Planning Commission
Maui Environmental Court invalidates new Special Management Area rules
November 7, 2024
WAILUKU, Maui – Maui Environmental Court Judge Kirstin Hamman has invalidated the Maui Planning Commission’s recently updated “Special Management Area” administrative rules governing activities near the shoreline.
The Special Management Area or SMA is part of the state’s implementation of the federal 1972 Coastal Zone Management Act. That Act seeks to preserve, protect, develop and restore coastal resources through comprehensive management plans and streamline governance of the coastal zone.
Maui Tomorrow Foundation had participated in last year’s rule-making process warning county planners that the then proposed rules exceeded the authority of the Commission. After the proposed rules passed and were signed into law, Maui Tomorrow filed suit challenging the rules for unlawfully delegating the county’s power to oversee development directly to developers. The invalidated rules included wholesale exemptions that allowed developers to decide without county assessment that their projects were not subject to SMA regulation.
In her decision, Judge Hamman agreed with Maui Tomorrow, ruling “the new SMA rules impermissibly delegate [Planning Commission] obligations to SMA users. The rules entrust the SMA user to determine whether its proposed SMA use fully falls within an exempt category, including as to whether it may have significant or cumulative impacts.”
“The Court’s order is a relief,” said Albert Perez, Maui Tomorrow’s Executive Director. “Already we have seen the Planning Department directing developers to utilize ‘categorical exemptions’ instead of applying for assessments – even for projects with pretty obvious environmental impacts like the recent tree clearing operation in the Waipuilani wetlands in Kīhei.”
“These rules are part of an unrelenting attack on our community’s values to conserve and manage our public shoreline resources. This latest iteration where the county adopts a rule allowing a developer to decide for himself without any oversight when the law applies to his activities is the same as having no rule at all,” said attorney Lance D. Collins.
The Court also prohibited Maui County from further implementing the invalidated rules. Judge Hamman did allow the Maui Planning Commission to revert back to the previous, pre-July 26, 2024 administrative rules if it chose to do so, to maintain an orderly status quo, pending review and adoption of new lawful rules.
Maui Tomorrow was represented by attorneys Lance D. Collins and Bianca Isaki.