A 3rd Circuit Court judge Tuesday signed a stipulation between the Department of Land and Natural Resources and the Keauhou Canoe Club, putting in writing the department’s plan to complete an environmental assessment at Keauhou Bay.
A 3rd Circuit Court judge Tuesday signed a stipulation between the Department of Land and Natural Resources and the Keauhou Canoe Club, putting in writing the department’s plan to complete an environmental assessment at Keauhou Bay.
“We’re delighted that they’ve agreed to do what we always thought they should do when they began,” club president Bill Armer said Tuesday. “We think it’s a win for West Hawaii. It’s a win for Keauhou Bay.”
Armer and the club filed suit against DLNR in December, after spending more than a year trying to convince DLNR officials an environmental assessment was necessary prior to DLNR changing moorings in the bay. DLNR officials are intending to nearly double the number of moorings in the bay.
The club’s lawsuit alleges DLNR failed to follow its own rules when deciding the project was not subject to an environmental assessment. The stipulation between DLNR and the club allows the club’s attorney to withdraw a motion for summary judgment in the lawsuit.
Attorney Peter Olson said he was “elated” with the DLNR’s decision to delay work and complete the environmental study.
“This is a resounding victory,” Olson said. “It’s a 180-degree turn in their position and policy” regarding the need for an assessment.
“That was the primary basis of the lawsuit,” he added.
A court hearing set for Wednesday was canceled after the stipulation was signed, Olson said.
Armer said he would like to see the state go a step beyond the environmental assessment and complete an environmental impact statement. That process is lengthier and more in-depth and usually undertaken when a project is expected to have some kind of environmental impact.
Email Erin Miller at emiller@westhawaiitoday.com.