NO. 27407
IN
THE SUPREME COURT OF THE STATE OF HAWAI‘I
vs.
Page 2, line 13: the Hawai‘i Environmental [Protection] Policy Act (HEPA),4 before
Page 2, footnote 4, last line: [Protection] Policy Act. Page 4, footnote 5, line 12: The PUC further "condition[ed [it's] its] authorization in this docket upon Page 6, line 8: A. The Hawai‘i Environmental [Procedure] Policy Act
Page 8, line 8: exemption rules provide for [10] ten classes of exempt actions,
Page 8, line 9 (delete extra space): specified in [ ] HAR § 11-200-8(A)(1)-(10) (1996), available at
Page 8, footnote 7, line 4: Rules of Practice & Procedure," available at http://www.state.hi.us/health/
Page 8, footnote 8, line 1: HAR § [12] 11-200-8(A) provides:
Page 11, lines 20 and 21: the process: (1) when no EA is prepared, (2) when [a FONSI is prepared, (3) and] an agency determines that an EIS will or will not be required, and (3) when an EIS is accepted. HRS § 343-7(a)-(c).
Page 18, line 6: [Haleakalä] Haleakal National Park, National Park Service; the Maui Invasive
Page 19, line 13 (after block quote): (Emphases added.) Garibaldi also discussed his company's work with "the State
Page 25, line 9 (add underscore): [de novo] de novo review of the circuit court's judgment.
Page 27, line 11: purpose,'" 77 [Haw.] Hawai‘i 446, 457, 887 P.2d 656, 667 (App. 1993)
Page 27, footnote 20, line 15: [EISes] EISs are or aren't required, the availability of [EISes] EISs for review and
Page 41, line 10: Prot. of North Kohala Coastline v. County of Hawai‘i, 91 [Haw.] Hawai‘i 94,
Page 42, line 13 (after block quote): plaintiffs, and the court will recognize harms to [a plaintiff's] plaintiffs
Page 43, footnote 28, line 2 (delete underscore from space): approach to standing in environmental cases, see, e.g. [ ] Life of the Land, 63
Page 43, footnote 28, line 3: Haw. at 177 n.15, 623 P.2d at 443 n.15, [this court has] we have not directly
Page
43, footnote 28, line 21: enforce laws
intended to protect the environment" ([Alteration] alteration
in original[.])
Page 43, footnote 28, last line: ([Emphasis] emphasis added[.]))."
Page 55, line 21 (after block quote): subsection: (1) [the] "[t]he council or office, any agency responsible
Page 65, line 11: show that: (1) [they have] the plaintiff has been accorded a procedural right, which
Page 65, line 15: right protects [a] the plaintiff's concrete interests; and (3) the
Page 65, line 16: procedural violation threatens the plaintiff's concrete interests,
Page 74, line 5: increased traffic and use of recreational areas was due to the
Page 77, line 13 (delete underscore): [membership in general] membership in general and the remedy provided to the organization
Page 80, line 3: (1985); [Cf.] cf. Playboy Enter., Inc. v. Pub. Serv. Comm'n, 906 F.2d
Page 82, line 9: because DOT's determination was supported by the record.
Page 85, line 13: Appellants [argues] argue that DOT committed legal error in its
Page 101, line 5: [flipside] flip side of this caution, however, is that this court "must
Page 103, line 8: Environmental [Protection] Policy Act.
Page 103, line 9: Based on the foregoing, we [reverse] vacate the circuit court's
The Clerk of the Court is directed to incorporate the foregoing changes in the original opinion and take all necessary steps to notify the publishing agencies of these changes.
DATED: Honolulu, Hawai‘i, October 1, 2007.
1. Considered by: Moon, C.J., Levinson,
Nakayama, Acoba, and Duffy, JJ.