SIERRA CLUB, Appellant-Appellee/Cross-Appellee,
v.
BOARD OF LAND AND NATURAL RESOURCES, Appellee-Appellee/Cross-Appellee;
County of Maui, Appellee-Appellee/Cross-Appellant; and
Alexander and Baldwin, Inc. and East Maui Irrigation Company, LLC, Appellees-Appellants/Cross-Appellees
Sierra Club, Appellant-Appellee,
v.
Board of Land and Natural Resources, Appellee-Appellant;
Alexander and Baldwin, Inc., East Maui Irrigation Company, LLC, and County of Maui, Appellees-Appellees.
Intermediate Court of Appeals of Hawai`i.https://leagle.com/images/logo.png
April 12, 2024.
April 12, 2024.
Attorney(s) appearing for the Case
On the briefs:
David Kimo Frankel, Honolulu, for Appellant-Appellee/Cross-Appellee and Appellant-Appellee Sierra Club.
Mariana Lowy-Gerstmar, Kristin K. Tarnstrom, Deputies Corporation Counsel, County of Maui, for Appellee-Appellee/Cross-Appellant and Appellee-Appellee County of Maui.
David Schulmeister, Trisha H.S.T. Akagi, Mallory T. Martin, Honolulu, for Appellees-Appellants/Cross-Appellees and Appellees-Appellees Alexander and Baldwin, Inc. and East Maui Irrigation Co., LLC.
Julie H. China, Linda L.W. Chow, Melissa D. Goldman, Deputy Attorneys General, State of Hawai`i, for Appellee-Appellee/Cross-Appellee and Appellee-Appellant Board of Land and Natural Resources.
LEONARD, ACTING CHIEF JUDGE, AND HIRAOKA, J., WITH NAKASONE, J., DISSENTING.
OPINION OF THE COURT BY HIRAOKA, J.
In 2000 the Hawai`i Board of Land and Natural Resources (BLNR) issued four Permits to Alexander & Baldwin, Inc. (A&B) and its subsidiary, East Maui Irrigation Company, LLC (EMI). The Permits let A&B and EMI divert water from streams in East Maui to...
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