ClimateChange-ClimateLaw

DECEMBER 11, 2020

The court concluded that the Freedom of Information Act’s deliberative process privilege shielded the redactions from disclosure. The court rejected DLNR’s argument that a 2017 Hawaii Supreme Court decision requiring environmental review for aquarium fishing only applied to fishing with fine-meshed nets.

Court 55

Court Government Litigation Litigating 55

ClimateChange-ClimateLaw

JANUARY 13, 2021

The court concluded that CEQ had not demonstrated it would suffer “a reasonably foreseeable harm” from unredacted production. The records included spreadsheets tracking and analyzing comments, draft ANPRM fact sheets, meeting agendas, and emails and meeting invitations regarding CEQ’s process for managing comments. 3:18-cv-00113 (W.D.

Court 52

Court Government Technology Assisted Review Litigation 52

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” Hawai‘i Supreme Court Upheld Denial of Request to Re-Open Order Approving Wind Power Purchase Agreement.

Court 45

Court Statute Litigation Litigating 45