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KEEP THE N. SHORE COUNTRY v. BD. OF LAND

SCAP-19-0000449.

506 P.3d 150 (2022)

KEEP THE NORTH SHORE COUNTRY, Appellant-Appellant, v. BOARD OF LAND AND NATURAL RESOURCES; The Department of Land and Natural Resources; Suzanne D. Case, in her official capacity as Chairperson of the Board of Land and Natural Resources; and Na Pua Makani Power Partners, LLC, Appellees-Appellees.

Supreme Court of Hawai`i.

February 22, 2022.

Attorney(s) appearing for the Case

Lance D. Collins and Bianca Isaki , for Appellant-Appellant.

Ewan C. Rayner , ( Kimberly T. Guidry , William J. Wynhoff , Linda L.W. Chow , Honolulu, and Cindy Y. Young on the briefs), for Appellees-Appellees Board of Land and Natural Resources, Department of Land and Natural Resources, and Suzanne D. Case in her official capacity as Chairperson of the Board of Land and Natural Resources.

John P. Manaut , Honolulu, ( Puananionaona P. Thoene with him on the briefs), for Appellee-Appellee Na Pua Makani Power Partners, LLC.

RECKTENWALD, C.J., NAKAYAMA, McKENNA, AND WILSON, JJ., AND CIRCUIT JUDGE VIOLA, ASSIGNED BY REASON OF VACANCY.

This appeal arises from a challenge to the Na Pua Makani Wind Farm (the Wind Farm), an eight-turbine wind power plant proposed for the North Shore of O`ahu. To operate the Wind Farm, Appellee-appellee Na Pua Makani Power Partners, LLC (Applicant) must obtain an incidental take license as part of a habitat conservation...

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