2025-10-22 Appellants Exhibit 20_Aluli v. Lewin

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Papachristou v. City of Jacksonville, 405 U.S. 156, i7o, 92 S. Ct. 839, 847, 31 L. Ed. 2d no (1972). IV. HRS § 342B-32 authorizes issuance of a permit in accordance with rules. Rules are necessary to ensure fairness and to minimize unbridled use of discretion of an agency. In the absence of rules governing the standards of emissions of H2S into the air, DOH was required to refuse the issuance of the ATC permit to True pursuant to HRS § 342B-32• The order of the circuit court is reversed and this case is remanded for the issuance of injunctive relief ordering True to stop any action based on the ATC permit which allows construction that would emit H2S into the air, and for the issuance of an order requiring DOH to promulgate rules consistent with this opinion governing H2S emissions into the air. NOTES r] Associate Justice Hayashi, who heard oral argument and who signed the opinion in this case, retired from the court on March 29, 1992. See HRS § 602-10 (1985). [i] At the time True submitted its application, HRS § 342-22 (1985)was in effect. In pertinent part, it provided: In addition to any other power or duty prescribed by law in this part, the director shall prevent, control, and abate air pollution in the State. In the discharge of this duty, the director may: (3) Require private persons or agencies or governmental agencies engaged or desiring to engage in operations which result or may result in air pollution to secure a permit prior to installation or operation or continued operation. The director shall refuse to issue the permit unless it appears that the operations would be in compliance with the rules and regulations of the department and the state ambient air quality standards. § 342-22 was repealed in 1989 and replaced by§ 342B-32 which was in effect when the permit was finally issued. For purposes of this appeal, there are no substantive differences in the two sections. APPELLANT EXHIBIT 20, pg. 5 of 6