HomeMy WebLinkAboutCOM 0620.069 2022-2024 p /couinc,il
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From: Robert Culbertson
Sent: Monday, December 18, 2023 8:20 PM r
To: Council Testimony o,
Subject: In support - reconsideration of Res 372-23rri
Aloha Council members!
Hawaii County need not waste taxpayer dollars on a lengthy, costly, and ultimately fruitless (fbk the:-
County) legal battle. Maui County spent hundreds of thousands of dollars over eight-plus years fighting a
similar lawsuit over their Lahaina Wastewater Treatment Plant, ultimately losing in the US Supreme Court.
County of Maui v. Hawai'i Wildlife Fund has set a precedent for Kealakehe and many other groundwater
polluters.
Hui Malama Honokohau is requesting on behalf of the general public interest two actions for relief:
Declaration of Relief:
A complaint seeking declaratory relief occurs when one or two parties go to court to get clarification on a
legal matter, in this case, whether or not the county is violating the Clean Water Act (CWA).
Injunctive Relief:
Resolution 372-23 should be amended to require the Corporation Counsel to return to the County Council
after the declaratory judgment has been issued by the court to detail what additional funding will be
needed for the injunctive relief stage of the litigation.
Please strictly limit the scope of services provided in any engagement letter with outside counsel to the
initial phase of the court case up to and including the hearing(s) for declaratory relief only.
Require the Corporation Counsel to return to the county council after the declaratory judgment has been
issued to detail what additional funding will be needed for the following stages of litigation.
Also, it does not reflect well upon County officials whose language frames
the issue as a defense against 'EarthJustice', as if it constitutes some
outside threat. EJ is not the plaintiff, the Hui is. And the Hui are people of
this island who have been stifled in their pursuit of environmental justice
for decades. Please keep this matter in perspective!
Sincerely,
R A Culbertson
Honokaa
Comm: N '
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