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SIERRA CLUB v. HAWAI`I TOURISM AUTHORITY

No. 23080.

59 P.3d 877 (2002)

100 Hawai`i 242

SIERRA CLUB, a California non-profit corporation, Petitioner, v. HAWAI`I TOURISM AUTHORITY, by and through its BOARD OF DIRECTORS and Shari W. Chang in her official capacity as Chairperson of the Board of Directors of the Hawai`i Tourism Authority, Respondents.

Supreme Court of Hawaii.

December 6, 2002.

Attorney(s) appearing for the Case

Isaac Davis Hall, Jr., Wailuku, for Petitioner.

Winfred K.T. Pong (Deborah Day Emerson, Ann M. Ogata-Deal, and John W.K. Chang, with him on the briefs), Deputy Attorneys General, for Respondents.

RAMIL, and ACOBA, JJ.; with NAKAYAMA, J., concurring separately; and MOON, C.J., dissenting, with whom LEVINSON, J., joins.

Opinion by ACOBA, J.

We hold that Petitioner Sierra Club (Petitioner) has not met the three-part "injury-in-fact" test for standing to assert its claim that an environmental assessment (EA) should have been conducted by Respondent Hawai`i Tourism Authority (HTA) prior to its letting of a contract for tourism marketing services. While we are not unsympathetic to the concerns it raises, Petitioner has not established: (1) that it would suffer an actual or threatened...

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