Environmental Law Program

ELP Colloquium: Ala Loop Homeowners Association

On October 14, 2010, the Environmental Law Program hosted a captivating panel discussion entitled “Ala Loop Homeowners: Recognizing a Private Right of Action under the Hawai‘i Constitution to Enforce Land Use and Environmental Laws.” ELP’s own Professor David Callies moderated a four-person panel including: Thomas L.H. Yeh (Tsukazaki Yeh & Moore); Charleen M. Aina (Deputy Attorney General); David Kimo Frankel (Native Hawaiian Legal Corp.); and, Lisa Woods Munger (Goodsill Anderson Quinn & Stifel). A videotaped recording of the panel discussion is available online at http://www.vimeo.com/15890111.

Among other things: Tom noted his client’s unsuccessful efforts to get the county to enforce the land use laws before going to court; Charleen contended that the lawsuit should have been barred by state sovereignty and other jurisprudential principles; Kimo responded that government must be accountable for its failure to enforce environmental laws (in addition to ethics violations and other issues); Lisa argued that the decision dramatically changed the law and, as a result, the legislature needs to adopt reasonable limits to remove uncertainty for the business community.

Interested persons may wish to access the following links and resources for additional information:

Haw. Ct. App. summary disposition order, http://www.state.hi.us/jud/opinions/ica/2009/ica27707sdo.htm

Haw. S. Ct. oral arguments, http://www.courts.state.hi.us/courts/oral_arguments/archive/oasc27707.html

Haw. S. Ct. majority opinion, http://www.courts.state.hi.us/docs/opin_ord/sct/2010/jul/27707.pdf

Haw. S. Ct. conc./dissenting opinion, http://www.courts.state.hi.us/docs/opin_ord/sct/2010/jul/27707.pdf

In addition, please send an email to elp@hawaii.edu if you are interested in receiving .pdf copies of the Hawai‘i Supreme Court briefs and/or links to other online resources related to the Ala Loop Homeowners case, including:
-Ala Loop Homeowners’ opening brief
-Wai‘ola Waters of Life Charter School’s answering brief
-Ala Loop Homeowners’ reply brief
-Native Hawaiian Legal Corp. amicus brief
-Hawaii’s Thousand Friends amicus brief