Applicantʻs Memorandum in Opposition to The Center of Biological Diversity Petition

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• They will establish a Shoreline Conservation Management Area to ensure preservation for future generations. • They will create a community-led and community-driven Foundation to manage and steward the conservation areas and wahi paha. IL STANDARD OF REVIEW Rule 4, Part I, Section 4-6, subsection (b) of the Rules of the Planning Commissions of the County of Hawai'i ("PC Rules")provides as follows: Upon receipt of a written request to intervene,the Commission, at the first meeting on the matter, shall hold a hearing on the written request. The petitioner shall be admitted as a party if it can demonstrate that: (1) His or her interest is clearly distinguishable from that of the general public; or (2) Government agencies whose jurisdiction includes the land involved in the subject request; or (3) That they have some property interest in the land of lawfully reside on the land; or (4) That even though they do not have an interest different than the public generally,that the proposed action will cause them actual or threatened injury in fact; or (5) Persons who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778,who practice those rights which are customarily and traditionally exercised for subsistence, cultural or religious purposes. III. ARGUMENT A. The Center for Biological Diversity cannot establish standing solely on the assertion that one of its members has kuleana land in the proiect area. Petitioner Center for Biological Diversity ("CBD") is a California-based non-profit organization with an office in Honolulu. CBD does not reside on, nor do they have any interest in the subject properties, contrary to their erroneous representation in their petition. CBD claims they have standing since a member, Elsa Dedman,has kuleana land in Punalu`u (TMK: 9-6-001:007-0004) and her `ohana have lived in the area for at least eight generations. Although Ms. Dedman may assert standing, there is absolutely no evidence or documentation that Ms. Dedman has authorized CBD to pursue their petition on her behalf, and -4-