Thursday, June 13, 2024
Hawai'i Free Press

Current Articles | Archives

Monday, April 27, 2020
Kahuku Windfarm Case Appealed to Supreme Court
By News Release @ 6:09 PM :: 3719 Views :: Honolulu County, Energy, Ethics


News Release from Law Office of Lance Collins, April 27, 2020

Today, Life of the Land filed a direct appeal to the Hawai'i Supreme Court regarding the Public Utilities Commission's decision to deny its motion to void approvals related to the Kahuku windmills project.

Last September, Life of the Land filed a motion for relief with the Public Utilities Commission seeking to invalidate the approval of the Purchase Power Agreement between Hawaiian Electric and AES Corporation for the Na Pua Makani windmill project in Kahuku. Life of the Land argued that the project had failed to obtain site control within the approved timeline, that the Commission did not properly consider greenhouse gas emissions and that the cost for energy approved in 2016 was no longer reasonable or in the public interest.

On April 14, the Commission denied Life of the Land's motion arguing that it does not have jurisdiction to review previous approvals.  Alternatively, the Commission ruled that the PUC approval empowered Hawaiian Electric and AES Corp to change to the terms of their approval without further PUC review or approval.

Life of the Land is seeking the high court's review for a number of procedural and substantive reasons. Most importantly, the Commission's decision is based upon the claim that the Commission can delegate the power to modify its approvals to private parties.

"The legislature has conferred broad power on the Commission to ensure that monopolies abide by the terms of their approvals. The Commission's self-limiting decision is erroneous and sets a dangerous precedent," said LOTL attorney Bianca Isaki.

"Delegating regulatory power to private developers to monitor themselves was rejected by the Hawai'i Supreme Court nearly forty years ago," said LOTL attorney Lance Collins.

Case: SCOT-20-0000309 

PDF: Notice of Appeal

SA: Kahuku wind farm challenge fails; appeal is sought


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii