2026-6-26 APPELLANTS OBJECTIONS TO PROPOSED ORDER_v1.pdf

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public access to the shoreline. See, e.g., Haw. Rev. Stat. § 205A-2. and other State laws at the SMA review stage, the Planning Director violated the Special Management Area policy for managing development: HRS §205A- 2( c) (7)( A): "Use, implement, and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development." For example: ... [page 4, #1-a, #1-b, #1-c.] 23. An injury must be "actual or imminent, Rohr objects on the grounds that not conjectural or hypothetical." Lujan v. conclusion of law #23 is an older Defenders of Wildlife, 504 U.S. 555, 560 Federal case and the Supreme Court of (1992) (citation and internal punctuation Hawai'i relies on a three-part test to omitted). "The plaintiff must show a determine injury -in -fact standing, heavily distinct and palpable injury to himself or informed by Sierra Club v. Department of herself as opposed to an alleged injury that Transportation, 167 P.3d 292, (2007). To is abstract, conjectural or merely establish individual standing, a plaintiff hypothetical." See John M. Corboy and must demonstrate three strict elements: Stephen Gara Aghjayan v. David M. Louie, Acting Attorney General, et. al., 128 Haw. Actual or Threatened Injury: The 89, 105 (citations and internal punctuation plaintiff must suffer a distinct, omitted). palpable, and concrete injury. Abstract, hypothetical, or generalized grievances do not qualify. Traceability: The injury must be fairly traceable to the defendant's challenged actions or statutory non-compliance. Redressability: The injury must be likely to be remedied, cured, or undone by the favorable court ruling requested. In Sierra Club, the court integrated specific expansions for environmental and public -interest litigation: Geographic Nexus: Plaintiffs establish a concrete injury if they use and enjoy an area (e.g., a harbor or coastline) and show a reasonable threat of environmental harm from the project. 16