KEALAKEKUA— Native Hawaiian activists drew closer to their goal of barring further geothermal development on Hualalai, following a hearing Wednesday in the Environmental Court.
The case went to court after the University of Hawaii initiated studies for a potential geothermal site. That plan fell through due to funding and staff shortages, and the university requested that the permits it was granted be rescinded.
The Board of Land and Natural Resources complied with the request, and the university then filed to have the case dismissed as it was no longer pursuing geothermal studies.
The lawsuit by Native Hawaiian groups and residents on the slopes of the mountain has been ongoing, with the opponents of the exploration claiming the state needed to conduct an environmental assessment before it approved the now rescinded permits.
They argued that point on Wednesday under the legal “mootness doctrine.” That refers to a case where there is no longer an active controversy, which means it is not to be pursued in court. The doctrine does allow a judgment if the situation is likely to recur.
Deputy Attorney General William Wynhoff argued that there are too many possibilities on the mountain to allow a judgment, and the permits are unlikely to be reapplied for in exactly the same fashion.
“I think it would be helpful to have the court’s wisdom,” said Wynhoff, but added that court orders are not appropriate at this time.
Gary Zamber was representing the plaintiffs in what began as a case brought by a single person.
“(The lands) need to be protected, at a minimum, by an environmental assessment,” said Zamber during the hearing.
The lands are particularly sensitive, both environmentally and culturally, he told West Hawaii Today. Afterward, he said UH apparently learned its lesson with its attempts to circumvent the process during the Mauna Kea hearings.
In his opinion, all such cases should involve contested case hearings to allow the community a chance to make comments on the proposed project.
Activists stressed that the religious elements of the dispute should have been front and center, including Terri Napeahi, vice president of the Pele Defense Fund.
Wynhoff said that those matters were included in the written filings and it seemed Judge Ronald Ibarra was focusing on the mootness element.
Ibarra ordered both sides to prepare proposed judgment orders and submit them on May 25. He will issue his ruling some point after that date.
