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HomeMy WebLinkAboutCOM 0679.004 2010-2012April 24, 2012 To the Council Members of the Hawaii County Council, Please find in this packet the following dpcumehts for your review. These documents address and attempt to clarify some of the specific allegations and statements made by members of the Pele Defense Fund (PDF) against the Innovations Development Group (IDG). 1) Press Release and Advertisements for Hawaii Island Geothermal Community Meetings: - Puna Community Meeting held April 9, 201 1 - Hilo Community Meeting; held May 28.201 1 -Waimea Community Meeting held September 28,201 1 - Kona Community Meeting held September 29, 201 1 2) Letter from Indigenous Consultants Attorney MililaniTrask on her review of Pele Defense Fund cases 3) Letter published by Melody M( --Kenzie, Esq, on her review of the Pele Defense Fund cases 4) Letter from Indigenous Consu tants Attorney Mililani Trask on her response to allegations against Ms. Robbie Cabral's prior court case and plea deal. 5) IDG purchased advertisement printed in the Monday, April 23 copy of the Hawaii Tribune Herald . Thank you very much for your time in helping assess this very important situation regarding the sustainability of Hawaii Island for future generations to come. Kind Regards, IDG ManagementTeam Comm. g_ 1q. �« Ref. To:/ — Ref. Date L�+� 2990 PAciFic HEEGHTs RD, HON, Hi 96813 1 OFFict: 808,.536.0434 1 Fax: 808 536 0274 ; €D6HAWAILCON; Mililani Trask i Indigenous Consultants, LLC Is a Hawaiian Attorney. and international Human*Rights Advocate, Militani will address reasons why $he supports geothermal development restrictions and criteria for geothermal development in Hawaii and community based geothermal development that is culturally ajVropriate- Ku'uleiohuokalani Kealoha Cooper I Kealoha Estate The Kealoha Estate encompasses over 50o acres in Pohoiki, with $9.3 acres is in the geothermal suis -Zone, Dedicated to carrying out grandfather, James Kealona's vision that *geothermal would be the way at the h1bre," Cy Bridges i Cultural Advisor, IDG Inc. Currently serves as Cultural Director of the Polynesian Cultural Center in Laie, Oahu, Longstanding Judge at Way Monarch Hula Festival and mernber of the Oahu Burial Council. Cy will be sharijig his mana`o on the geothermal development as a Hawaiian Cultural practitioner, Kale Gumapac I Alakali; CEO - Laulima Title Search & Guarantee & Aha Kanaka Moku 0 Keawe Kate strongly supports the esablishrilent of a Kanaka Natural Resource Company, which includes geothermal elle'W Owned and Operated by po'e kanaka with the PUrPOse Of ail.ber!Pfits going to po'e kapaka, Robert "Bob" Lindsay ` Trustee, OHA-Hawaii Island Bob wall. address the work of the Geothermal Working Group, Cie.othermal Energy as an asset of the cpdeci laritj trust Revenues that OHA recreves from geolhenrtai development and how these revenues are being used and OHA's acquisition & protection plan for the dao Kele 0 Puna wrest. Patricia Brandt I CEO IOG Inc. - Event moderator Pat will address the kvork of the Innovations Development Group (Native 10 Native ModeD a Native Hawaiian devi,,iop- ment company. and their community based model. for renewable resource energy development. Pat will art as the moderator for tile panel. Sponsored By; Kealoha Estate, Indigenous Consultants LLC, Innovations Development Group, Inc., Bob Lindsay, OHA Trustee - Hawaii Island, Kanaka Council Moku 0 Kpawe, Laulima Title Search and Claims CONTACT: Ryan Matsumoto FOR IMMEDIATE RELEASE Email: info@idghawaii.com Phone: 808.536.0434 HAWAIIAN GEOTHERMAL PUBLIC FORUM A Hawaiian Perspective on Geothermal Development The Geothermal Informational Community Sessions begin Saturday April 9th in Pahoa. This session is for the Puna community and will feature six presenters, all Native Hawaiian sharing their personal perspectives on community based models for geothermal development, cultural issues and the protection of cultural resources, OHA's role in Wao Kele O Puna forest management, the revenue OHA receives from Geothermal development, and native Hawaiian/public ownership of geothermal 'minerals' as assets of the ceded land trust. Community Informational Sessions: • Saturday April 9, 2011, 10am-2pm Pahoa Community Center, 15-2710 Kauhale Road, Pahoa, HI 96778; 808.965.2704. • More to be added soon. The Geothermal Informational Session panel will be moderated by IDG CEO Patricia Brandt. Panelists include Mililani Trask, Esq. (International Human Rights Advocate), Ku'uleiohuokalani Kealoha Cooper (Kealoha Estate), Cy Bridges (Hawaiian.Cultural Advisor), Bob Lindsey (OHA Trustee & member of Hawaii Island Geothermal Working Group), and Kale Gumapac (CEO, Laulima Title Search & Guarantee). The Hawaiian Geothermal Community Informational Sessions are sponsored by Kealoha Estate, Indigenous Consultants LLC, Innovations Development Group, Inc., Bob Lindsay, OHA Trustee—Hawaii Island, Kanaka Council Moku O Keawe, Laulima Title Search and Claims. If you would like more information about this topic, or to schedule an interview with one of our participants, please call Ryan Matsumoto at 808.536.0434 or email Ryan at info@idghawaii.com 2990 Pacific Heights Rd. • Honolulu, Hawaii 96813 • Ph: 808.536.0434 or Fax: 808.536.0274 www. innovationsdevelopmentgroup. com Mililani Trask I Indigenous Consultants, LLC Is a Hawaiian Attorney and International Human Rights Advocate. Mililani will address reasons why she supports geothermal development, restrictions and criteria for geothermal development in Hawaii and community based geothermal development that is culturally appropriate. Ku`uleiohuokalani Kealoha Cooper I Kealoha Estate The Kealoha Estate encompasses over 500 acres in Pohoiki, with 89.3 acres is in the geothermal sub -zone. Dedicated to carrying out grandfather, James Kealoha's vision that "geothermal would be the way of the future." Cy Bridges I Cultural Advisor, IDG Inc. Currently serves as Cultural Director of the Polynesian Cultural Center in Laie, Oahu. Longstanding Judge at Merry Monarch .Hula Festival and member of the Oahu Burial Council. Cy will be sharing his mana`o on the geothermal development as a Hawaiian Cultural practitioner. Robert "Bob" Lindsey i Trustee, OHA-Hawaii Island Bob will address the work of the Geothermal working Group, Geothermal Energy as an asset of the ceded land trust, Revenues that OHA recieves from geothermal development and how these revenues are being used and OHA's acquisition & protection plan for the Wao Kele 0 Puna forest. Richard Ha I Hamakua Springs Farm is the President of Hamakua Springs Farm and Co Chair of the Geothermal Working Group created by the Hawaii State Legislature.. Concerned with the potential problems of Peak Oil Richard is a strong supporter of Geothermal energy as a sustainable and clean source of firm baseload power that is far superior to all types of biofuel. Wallace "Wally" Ishibashi I ILWU Local 142 Born and raised in Keaukaha, Works as a Business Agent for ILWU Local 142 Chair of the Big Island Labor Alliance. He is also the Go Chair of the Geothermal Working Group. He will speak on the Geothermal Working Groups interim Report to the Legislators and how it impacts Labor. Patricia Brandt I CEO IDG Inc. - Event Moderator Pat will address the work of the Innovations Development Group (Native to Native Model) a Native Hawaiian develop- ment company, and their community based model for renewable resource energy development. Pat will act as the moderator for the panel. Sponsored By: Innovations Development Group, Inc., Kealoha Estate, Indigenous Consultants LLC, Bob Lindsey, OHA - Trustee - Hawaii Island FOR IMMEDIATE RELEASE Media Contact: 808-853-3053 Matt(a-)_loom is-isc.com Second Geothermal Forum Saturday HONOLULU, Hawaii (May 21, 2010) - The second in a series of community forum and information sessions on geothermal development in Hawaii will be held from 10:30 a.m. to 12:30 p.m. Saturday at the University of Hawaii at Hilo Campus Center, 2.00 W. Kawili St. The event will feature presentations from Native Hawaiians on community based models for geothermal development, cultural issues and the protection of cultural resources, the Office of Hawaiian Affairs' role in Wao Kele O Puna forest management, the revenue OHA receives from geothermal development, and Native Hawaiian/public ownership of geothermal minerals as assets of the ceded land trust. Also scheduled for discussion will be the issue of "peak oil" and its impacts on the global. and local community, and the findings of the Geothermal Working Group for Hawaii Island. Moderator will be Patricia Brandt, CEO of Innovations Development Group (IDG), a Hawaii -based corporation with geothermal projects on Maori Trust lands in New Zealand. Six Native Hawaiian leaders will give presentations. For more information, call 965-2704. Geothermal energy in Hawaii has been controversial in the past. Come find out how this sustainable, domestic energy force can help fuel the Hawaiian Islands in the future and discuss community-based development of geothermal resources. Hawaiian experts say that sustainable, domestic energy can fuel the Hawaiian Islands of the future, and replace more costly, dirty and dangerous alternatives . like fossil fuels and nuclear energy. Now a group of Hawaiian organizations, corporations and individuals, including such former opponents of the Wao Kele O Puna project as international human rights attorney Mililani Trask, have coordinated a public forum to discuss "Community -Based Development of Geothermal Resources." Brandt says it is imperative that the Hawaiian and local community have a say in future geothermal development. "Geothermal is a public resource. The current business model of an outside company coming in, tapping our resources and then making us pay for the product we give them access to at rates that are questionable is certainly not the future we envision," she said. "The people of the land need to be real partners in any geothermal development, and receive benefits sharing including the 'cost savings' that geothermal generation produces. We have the expertise to make that happen." The community informational sessions are a critical step in planning for sustainable domestic energy in which the community has a role and a voice," said Trask. "The bottom line, is that our community' needs to be proactive and diligent in how we build out sustainable domestic resources like energy and food, and reclaim self-sufficiency for ourselves and our keiki." "As Hawaiians who are the owners of the resource, we need to be involved in geothermal development to ensure its development benefits the whole community," said Kuulei Kealoha Cooper, trustee of the Kealoha Estate, Panelists include Trask, Cooper, IDG cultural advisor Cy Bridges, Hawaii Island OHATrustee Robert Lindsey; Richard Ha (co-chairman of the Geothermal Working Group and Hamakua Springs), and Wally Ishibashi (co-chairman of the Geothermal Working Group and a member of Hawaii Labor Alliance. About Innovations Development Corporation, Hawaii Innovations Development Group (IDG) is a Hawaii -based strategic planning and development company specializing in developing Indigenous land and resource assets focusing on renewable energy. For more information: http://innovationsdevelolimentgroup.com ANOW. Ad INNOVATIONS DEVELOPMENT GROUP Kona & Waimea Community Meetings Hawaiian Perspectives in Support of Geothermal Development like us on facebook.com/IDGHawaii learn more at IDGHawaii.com Sponsored By: Innovations Development Group, Inc., Kealoha Estate, Indigenous Consultants LLC, Bob Lindsey, OHA — Trustee — Hawaii Island 0 C� Kona &-Waimea Community Meetings 5 p.m. Wednesday, Sept 28 6 p.m. Thursday, Sept 29 Kanu o ka'Aina New Public Charter School, Kamuela Kealakehe High School, Kailua-Kona Patricia Brandt: CEO, IDG Inc. — Event Moderator Pat will address the work of the Innovations Development Group, -based . . . . . . . . . . . a Native Hawaiian development company, and their community model for renewable resource energy development. Cy Bridges: Cultural Advisor, IDG Inc. Currently serves as Cultural Director of the Polynesian Cultural Center in La'ie, Oahu. Longstanding Judge at Merrie Monarch Hula Festival and member of the 0'ahu Burial Council. Cy will be sharing his many o on geothermal development as a Hawaiian cultural,practitioner. Mililani Trask: Indigenous Consultants, LLC A Hawaiian attorney and international human rights advocate, Mililani will explain why she supports geothermal development, restrictions and criteria for geothermal development in Hawaii and community-based geothermal development that is culturally appropriate. Robert "Bob" Lindsey: Trustee, OHA-Hawaii Island Bob will address'the work of the Geothermal Working Group, geothermal energy as an asset of the ceded land trust, revenues that OHA receives from geothermal development and how these revenues are being Used and OHA's acquisition and protection plan for the Wao Kele 'O Puna forest. . Wallace "Wally" Ishibashi: ILWU Local 142 Born and raised in Keaukaha, Wally -works as a Business Agent for ILWIJ Local 142 Chair on the Big Island Labor Alliance. He is also the Co -Chair of the Geothermal Working Group. He will speak on the Geothermal Working Group's Interim Report to the legislators and how it impacts labor. Richard Ha: Hamakua Springs Farm President of Hamakua Springs Farm and Co -Chair of Geothermal Working Group created by the Hawai'i State Legislature. Richard is a strong supporter of geothermal energy as a sustainable and clean source of firm baseload power that is far superior to all types of biofuel. SUM j Ku'uleiohuokalani Kealoha Cooper: Kealoha Estate The Kealoha Estate encompasses over 500 acres in Poho-iki, with 89.3 acres in the geothermal sub -zone. Dedicated to carrying out grandfather, James Kealoha's, vision that "geothermal would be the way of the future." Sponsored By: Innovations Development Group, Inc., Kealoha Estate, 4ndigenous Consultants LLC, Bob Lindsey, DHA — Trustee — Hawaii Island Pioneer Plaza -Suite 350 • 900 Fort Street Mail - Honolulu. HI 96813 Phone: 808.532.8811 - Fax: 808,532.8808 • www:loomis-isc.com FOR IMMEDIATE RELEASE Media Contacts: Matt Robertson Nani Cabral Loomis-ISC IDC 808-853-3053 808-536-0434 Matt(&loom is-isc.com ncabral@,hawaii.rr.com . Community Invited to Discuss Geothermal Development on Hawaii Island IDG Executives scheduled to share their "Native to Native" Model WHAT: Following their recent response to the HELCO RFI on Hawaii island, IDG executives will take part in two community forums and information sessions on geothermal development in late September. IDG's innovative model for geothermal development has been a hottopic of discussion over the last few weeks. From a briefing for Hawaii legislators at the capitol and an energy forum for the Democratic Environmental Caucus to high-profile meetings with the PUC, DLNR and DHHL, word is traveling fast that Hawaii could benefit from IDG's community-based approach to geothermal development. The Hawaii Island community events later this month will feature presentations from Native Hawaiians on community-based models for geothermal development, cultural issues and the protection of cultural resources, OHA`s role in Wao Kele O Puna forest management, the revenue OHA receives from Geothermal development, and Native Hawaiian/public ownership of geothermal 'minerals' as assets of the ceded land trust. WHEN/WHERE: Wednesday, September 28 — Kanu `o ka`aina.New Public Charter School, 64-1043 Hi`iaka Street, Kamuela, HI — 5:00 p.m. — 8:15 p.m. Thursday, September 29 — Kealakehe High School, 74-5000 Puohulihuli Street, Kailua- Kona, 6:00 p.m. — 9:30 p.m. Moderated by IDG CEO Patricia Brandt, the forum's panelists will include Mililani Trask, Esq. (Indigenous Consultants LLC), Ku'uleiohuokalani Kealoha Cooper (Kealoha Estate), Cy Bridges (IDG Cultural Advisor), Robert Lindsey (Trustee, OHA Hawaii Island), Richard Ha (Co -Chair, Geothermal Working Group & Hamakua Springs), and Wally Ishibashi . (Co -Chair, Geothermal Working Group, Member of Hawaii Labor Alliance). The Hawaiian Geothermal Community Informational Sessions are sponsored by Innovations Development Group, Inc., Kealoha Estate, Indigenous Consultants LLC, Bob Lindsey, OHA Trustee—Hawaii Island Join the conversation even before the meetings start! Facebook.com/IDGhawaii INTERVIEW OPPORTUNITY: If you would like more information about this- topic, or to schedule an interview with one of the participants, please call Matt Robertson 808-853-3053 email mattAloomis-isc.com or contact Nani Cabral at 808.536.0434 email ncabral e,hawaii.rr.com I genous Consultants C Mililani B. Trask, Principal P.O.Box 6377 ? Hilo, H196720 Mililani.trask@gmail.com l In recent weeks a small group of angry & uninformed individuals have begun a campaign of misinformation, the goal of which is to prevent the development of geothermal energy on Hawaii Island. Claiming ownership of the Pele name & case information, this group is asserting that geothermal development threatens the cultural & religious practices of Hawaiians and violates their First Amendment rights under the US Constitution. I am sending .out this email to clarify what occurred when the Pele cases were litigated and how the outcome of the cases expanded Hawaiian cultural practice but did not stop or prevent geothermal development. In the early 1980's the Campbell Estate made public its plan for geothermal development at Kahauale'a. They brought in cheap filthy technology, .never had a public community meeting, ignored Hawaiian traditional rights to gather & worship, and presented a plan under which they would reap hundreds of millions of dollars without any benefit to the public & native Hawaiians, who were the owners of geothermal public trust assets. Campbell Estate had wanted to develop Kahauale'a , but when these lands proved undevelopable, Campbell & the State moved for a land exchange in order to develop Wao Kele O Puna Forest. Palikapu Dedman & others then challenged the land exchange in State contested case hearings. They claimed genealogical ties to Pele & asserted that drilling for geothermal was a desecration & rape of Pele's body & a violation of their rights under the I st Amendment of the Constitution. The Pele Defense Plaintiffs lost on appeal to the Hawaii Supreme Court. The Supreme Court ruled their right to worship had not been burdened because the area of development was not a traditional place of ceremony. (see Dedman V. DLNR , 740 P.2d 28 (1987) Following this loss, the Pele Defense plaintiffs brought suit in Federal Court arguing that the land exchange violated the trust contained in the Admissions Act. The Pele Defense Plaintiffs lost this case when the court ruled their claims were barred because of the State's Sovereign Immunity under the I I th Amendment. The Pele Defense Plaintiffs also litigated this in State Court, but lost when the State Court ruled that the Federal decision had resolved the issue. Despite these losses, Hawaiians did win a significant victory when the Court .acknowledged & supported Hawaiian cultural rights and expanded the exercise of these rights to areas outside the 'ahupua'a. Prior to this case, the practice of cultural rights had been limited to the area of the 'ahupua'a. Initially, the legal strategy and work was undertaken by the Law Offices of Yuklin Aluli & Mililani Trask. Early on, I left Oahu and returned to Hawaii Island to represent the Kupuna who would later be called upon to lead the march. Soon, the Native Hawaiian Legal Corporation (NHLC) joined in and with the help of many Hawaiian legal minds and the Native American Rights Fund (NARF) the Pele 'cases were initiated & litigated. Some attorneys gave advice, some did research & some took the case to the Supreme Court. Attorneys from the continent h1elped with the environmental claims, it was a collective effort by many. The Pele cases are important legal precedents that should be understood by all because they set criteria on Hawaiian rights to worship, and "also established conditions for development in culturally sensitive areas. In March 1990, environmentalists called for the 'Big March'. Shortly after the announcement, it became evident that the so-called 'Hawaiian leaders' of the PDF were not going to get arrested. None of them lived in Puna, One was a medical doctor from Molokai & Oahu, who was concerned about his reputation, his girlfriend '(an academic from Manoa) was worried about her career, Palikapu Dedman also backed out claiming he could not get arrested because he was a convicted felon on probation! In the end, it was aunty Pele Hanoa, (Palikapu's mother who walked at the headI&e,March with other Kupuna wahine Ka Lahui Hawaii. I walked with them as their attorney, I met with the police before hand to ensure there would be no problems, I held their purses when they climbed over the fence & baited them out of jail. The police, some of whom were Hawaiian, helped the Kupuna by assisting them over the fence, there was no negativity,.injury or anger. If you check the record you will find that none of the .PDF 'leaders' have ever gotten arrested protecting Hawaiian cultural or religious rights. Palikapu Dedman did not bring or win these cases, he does not have the capacity, the attorneys brought and won this case. Whenever the time has arisen to stand up to stop desecration of culture, Palikapu has always used the same excuse.—he is a: felon with criminal convictions (shoplifting, firearms violations & multiple convictions for Promoting Detrimental Drugs in our community) and can't risk getting arrested againnlll As a Hawaiian who has I been .arrested protecting cultural rights & burials, I am proud of the effort that went into the Pele cases, and proud to have been a part of the legal effort to advance & expand our cultural rights to worship. Its time we use these wins to ensure that culture is respected & protected. when renewable energy is . developed for Hawaii Island. In the 24 years since the case was brought and for the last 18 years that PGV has been operating in Puna,: there has not been a single case or instance of a Hawaiian being denied their right to worship Pele because of geothermal development. Mililani B. Trask, Attorney Indigenous Expert to the United Nations Indigenous Consultants, LLC DIRECTOR'S COLUMN - WAO KELE O PUNA DEDICATION CEREMONY: MAPU KE`ALA O PUNA by Melody Kapilialoha MacKenzie Aloha no a na hoa makamaka, In August, I -was fortunate to attend a dedication ceremony for Wao Kele o Puna, the 25,856 -acre rainforest on the flanks of Kilauea. Volcano. The ceremony was held in the forest itself, near the site of an abandoned geothermal well, a testament to the folly of trying to harness Pele. The beautiful morning was hot and humid, with clouds building up throughout the day. Wao Kele o Puna is a descriptive term that means the rain -belt of Puna an area where clouds attracted by the forest, accumulate. Thus it was not unexpected when rain fell in the late afternoon and'a rainbow appeared as a blessing to close the day. It was a sweet day indeed for the many involved in more than twenty years of protest and litigation over the fate of Wao. Kele.. For Hawaiians, three important elements converged in the dispute Iover Wao Kele o Puna — the spiritual and religious importance of the area as the home of Pele; the traditional use of Wao Kele o Puna for subsistence, cultural, and religious purposes; and the designation of these lands in the 1848 Mahele — converting the Hawaiian communal land system into a Western private -property system — as Hawaiian Government lands. Following the illegal overthrow of the Hawaiian government in 1893 by U.S. military -backed American businessmen, Government Lands were "ceded" to the U.S. in the 1898 Joint Resolution annexing Hawaii. When Hawaii became a state, the Admission Act provided that the state was to hold ceded lands, with some exceptions, as a public trust for five trust purposes, including "the betterment of conditions of native Hawaiians." See Section 5(i), Admission Act, Pub. L. No. 86-3, 73 Stat. 4. The legal controversy over Wao Kele o Puna began in the early 1980s when a large landowner, Campbell Estate, sought to develop geothermal energy on Kahauale`a, .a ,25,000 -acre parcel of conservation Iand adjacent to Volcanoes National Park and upland from Wao Kele o Puna. When lava flows overran Kahauale`a, making geothermal development untenable, Campbell Estate and the State proposed an exchange of Kahauale`a lands for Wao Kele o Puna and part of the Puna Forest Reserve. See Dedman a Board of Land and Natural Resource, 69 Haw. 255, 740 P.2d 28 (1987), cert. denied, 485 U.S. 1020 (1988). This was an astonishing proposition because Wao Kele o Puna was designated a Natural Area Reserve by state law - a designation reserved for pristine areas. supporting unique natural resources, which were intended to be preserved in perpetuity. See HAW. REV. STAT. § 195-1, et. seq. Moreover, Native Hawaiians, and in particular those who honor or are genealogically connected to Pele and her `ohana or extended family, believe that geothermal drilling desecrates Pele's body and takes her energy and lifeblood. In contested case hearings on geothermal development in Who Kele o Puna, individual Pele practitioners challenged the proposal on First Amendment free exercise of religion grounds. On appeal, the Hawaii Supreme Court, although acknowledging the sincerity of the religious claims, determined that there was no burden on the exercise of religion,. without proof that religious ceremonies were held in the specific area of development. See id. at 261,740 P.2d at 33. The Pele Defense Fund, including Pele ,practitioners and Native Hawaiians living in ahupua`a adjacent to Wao Kele o Puna, then brought suit in federal court challenging the land exchange. PDF argued that the lands had been exchanged without any attempt to assess the impact on'the trust purposes expressed in the Admission Act and that at least` two of the trust purposes — the betterment of the conditions of Native Hawaiians and public use of the lands — were violated by the exchange. Ultimately, the case was dismissed, barred by the state's immunity under the Eleventh Amendment. See Ulaleo v Paty, 902 F. 2d 1395, 1399-1400 (9th Cir. 1990). - PDF also challenged the land exchange in state court, but the Hawaii courts determined the federal court decision barred re -litigation of the land exchange. Pele Defense Fund v Paty, 73 Haw 578, 837 P.2d 1247 (1992). Nevertheless, the case was an important victory for Native Hawaiians who use Wao Kele o Puna for hunting, gathering, and religious and cultural purposes. The Hawaii Supreme Court recognized that customary and traditional rights, which had been limited by residency within an ahupua`a, could be exercised for subsistence,- cultural, and religious purposes; on undeveloped lands beyond the boundaries of the ahupua`a of residence where "such rights- have been customarily and traditionally exercised in this manner." Id. at 620, 837 P.2d at 1272. On remand to the trial court, PDF members were able to .validate their subsistence, cultural, and, religious practices in Wao Kele o Puna — beyond the boundaries of the ahupua`a in which they actually resided.— in accordance with ancient custom and tradition. See, Pele Defense Fund v Estate of James Campbell, Final Judgment, Civ. No. 89-089 (Haw. 3d Cir. 2002), at 2: Efforts to stop geothermal development in - Wao Kele o Puna also took the form of civil disobedience and political protest. In March 1990, more than a thousand protestors, led'by the Pele Defense Fund and the Big Island Rainforest Action Network, marched to the locked gates leading to the geothermal site in Wao Kele o Puna; more than a hundred people were arrested. See, Theresa Dawson, Hawaiian, State Agencies Race to Reclaim Wao Kele O Puna from Campbell Estate, ENVIRONMENT HAWAII, Oct. 2005, at 5. Ironically, even with significant federal and state support, geothermal development was an economic failure. The project was abandoned and the land lay idle. Id. In 2001, Campbell Estate announced its intent to sell. Wao Kele o Puna. Pele Defense Fund approached the Trust for Public Land (TPL),. a national nonprofit land conservation organization, and TPL worked with the state Department of Land, and Natural Resources (DLNR) over several years, to get substantial funding from the federal Forest Legacy Program for purchase of Wao Kele o Puna. The Office of Hawaiian Affairs, established, in the Hawaii Constitution to receive a portion of "ceded" lands revenue and to better the conditions of the Hawaiian community, stepped forward with final crucial. funding. See HAW. CONST. art. XII, §§ 5-6; HAW. REV. STAT. CH. 10. The agreement reached by OHA, TPL, and DLNR was groundbreaking OHA would receive title to Wao Kele o Puna. TPL negotiated the sale and purchase of the land from Campbell Estate, and then conveyed Wao Kele o Puna to OHA. in July 2006. See, Wao Kele o Puna Forest Acquired by the Office of Hawaiian Affairs in Partnership with the Pele Defense Fund, the Trust for Public Land, and the Department of Land and Natural Resources, OHA Press Release, July 19, 2006. Although state law allows OHA to hold title to lands, it has never. had a land base and lacks land management experience. Thus, under an agreement reached by _ OHA and the DLNR, they, along .with ;the surrounding communities, will manage the forest in partnership until OHA is ready to assume total management responsibility. See id. The reclamation of Wao Kele o Puna is the first return of ceded lands to Native Hawaiian ownership since the 1893 overthrow of the Hawaiian kingdom and holds promise as part of a land base for a future Hawaiian nation. Equally important is the role that Native Hawaiians have -played in reclaiming Wao Kele,o Puna as a place where indigenous customs, traditions, and religion remain intact. At the dedication ceremony, Pele Defense Fund's Palikapu Dedman, acknowledged that; "It's been a real emotional journey, and I feel real proud about how far we've come as Native Hawaiians. But we gotta grow on this; we have to stand up for ourselves and keep doing what we're doing, and if government's gonna have to catch up, they're gonna have to catch up. But we still have to be there to remind them of their responsibility to indigenous people." The theme of the dedication ceremony was "Mdpu ke `ala o Puna, the fragrance of Puna permeates," referring to the fragrance of maile, lehua, and hala that are abundant in the uplands of Puna. It was said that when the wind blew from the land, even fishermen at sea could smell the scent of these three plants, all closely associated with Pele and held .dear by Hawaiians. But the phrase also has importance in another sense. For it reminds us of the spirit — the fragrance of Puna that lives in all those who worked so hard for so many years to preserve Wao Kele o Puna, and it is a call to have that same strength and dedication permeate our own lives and work. * Portions of this article were drawn from Melody Kapilialoha ' MacKenzie, Susan K. Serrano & Koalani Kaulukukui, Environmental Justice for Indigenous Hawaiians: Reclaiming Land and Resources, 21-WTR NAT. RESOURCES &ENV'T37 (2007). Indigenous Consultants, LLC Mililani B. Trask, Principal P.O.Box 6377 Al Hilo, HI 96720 Mililani.traskC gmail.com The following is a response to the inaccurate cut & paste snippets posed by Robert Petricci regarding the Roddy Rodriguez/Robbie Cabral case by Attorney Mililani B.Trask. The Roddy Rodriguez/Robbie Cabral case is one which is well known in Hawaii business & Labor circles. It is also one of over 1500 legal cases & federal investigations that were the subject of a Congressional Investigation for IRS abuse of power during the Bush years. A best selling book, authored by David Burnham, was also published on the federal scandal that detailed many of the most egregious cases, The book can be ordered on line. It is titled A law unto itself. The IRS Abuse of Power. When George H.\/V. Bush came to power, his administration targeted many individuals (and Labor groups) for federal investigations and prosecution for numerous charges ranging from tax fraud to racketeering. Using the IRS, the Bush administration identified person's involved working with the Unions & brought false allegations against them. The purpose of this campaign of persecution was to force these innocent people to give false testimony against union leaders. In Hawaii the Teamsters & Unity House were targeted in an effort aimed at union leader Tony Rutledge. Roddy Rodriquez & Robbie Cabral were indicted and put through 10 years of hell by the IRS, but both refused to testify for the IRS. The Bush IRS indicted Robbie Cabral 4 times over a period of 10 years. They never had the evidence to bring their false charges to trial. During this time they seized Cabral's business accounts & records & prevented her from doing business. They destroyed her livelihood & tried to destroy her reputation. Their efforts failed. After Cabral's associate Roddy Rodriguez suicide, Cabral entered a plea for Tax Evasion despite the fact that there was no evidence ever produced against her, This was accomplished. in exchange for dropping all of the frivolous charges in 4 indictments. Upon her discharge the IRS sought to collect several hundred thousand dollars they alleged she had made as a result of the tax plea. She opposed their effort & used the IRS code to force the IRS to put forward their proof against her. The IRS as unable to provide roof and in the end the Bush IRS was forced to close her case with prejudice i.e. forever) and to issue her an official IRS letter stating that she did not in fact owe the US anything. On May 8th 2006 the IRS forwarded to Ms. Cabral a letter signed by IRS Agent Susan Mitsuyoshi verifying the above. Roddy Rodriguez was a good person & a dedicated labor man. He had worked for the Hawaii Labor Unions all his life & had initiated many programs of service for the union rank & file. The false federal indictments ruined his life, he lost his job, reputation, home & family, but he never gave false testimony against Rutledge. When he could not take the stress, he chose suicide as an option as he could not bear the stress emotionally, physically and financially. He left behind a "Dying Declaration", a statement that a person who is dying makes for a Court hearing after they die, It was not a suicide note. In his Declaration he stated that to his knowledge Tony Rutledge had never done anything wrong. The Congressional investigation determined that several others who were wrongly charged by the Bush IRS during this period of time also committed suicide. It's sad to see Roddy's name & tragic death used in this way. I am forwarding this on to folks in the Labor Unions & his family so that they will. know what is going on. In response to Mr. Petricci- Joe M's comments that Mililani Trask is working with embezzlers,..... my response is ; I am not working with any embezzlers & I think I can speak for the whole IDG team when I say we are all proud to be working with Robbie Cabral, she has the integrity & honesty to stick things out when the going gets rough. Like Roddy, she is a good Hawaiian. � - S v,•„ i..,; gin!^.... GEOTHERMAL DOING RIGHT BY PELE AND THE PEOPLE OF HAWAII ISLAND Looking to the Future FACT Geothermal resources in Hawaii are Public Trust Assets. Trust law requires that the State Trustee inventory, protect and develop these resources in a way that brings a primary and direct benefit to the public and native Hawaiians. FACT Done right, geothermal can and should deliver the following benefits: a fair electricity rate • the opportunity for small energy business to benefit • a share of discounted steam (converted to electricity) to support& maintain food security • an annual share of revenues for the community (community- capacity building) FACT Only one company is proposing a model for geothermal development that promises ALL of the above. That company is IDG. FACT This one -of -a -kind community collaboration model has been endorsed by several recognized groups charged with protecting Hawaiian cultural and business interests including: • The Hawaiian Civic Clubs • The Native Hawaiian Chamber of Commerce • The Office of Hawaiian Affairs (OHA) 2990 MCIFtc HEIGHTS RD, HON, Hi 96813 1 OFFicE: 808 536 0434 1 Fax: 808 536 0274 i [XHAWAOLCOM, FACT Learning from the Past There has not been a single instance of any Hawaiian being denied their right to worship Pele because of geothermal development in the 24 years since the Pele Defense cases were brought before the State and Federal Court. In its landmark decision on these cases involving the Wao Kele O Puna Forest, the Hawaii Supreme Court upheld the rights of Hawaiians to engage in cultural practices and expanded .these rights to areas outside the, ahupuaa. Previously, Hawaiian cultural practices were limited to areas within the ahupuaa where Hawaiians resided. The decision affirmed Hawaiian cultural rights but did not stop geothermal development. It did set forth principles for cultural protection and development that should be followed. According to the PUC case decision on 12/30/2011: • Puna Geothermal Ventures (PGV) was NOT willing to change the Pricing (Oil) from avoided costs • Pricing for 25 MW of electricity produced by PGV for geothermal remains the same as the cost of oil generation • All Stakeholders must take some responsibility if the State is to achieve its.energy goals. As a result, Hawaii Island ratepayers will continue to be billed for electricity based on oil prices for the coming 15 years on 25 MW They will not share in the savings (avoided costs) from the increasing shift to geothermal if the ORMAT/PGV model continues. FACT The real issue is energy self-sufficiency for Hawaii Island, our families and the community. Hawaii Island was left out of the Hawaii Clean Energy Initiative. It needs to develop a workable, affordable plan to free itself of fossil fuel and convert to renewables, drawing on its great wealth of energy resources. That's what IDG offers. FACT IDG, a Native Hawaiian owned, Hawaii -based business, approaches geothermal development with a stated public commitment to be: 1) Culturally Appropriate 2) Environmentally Clean and Sustainable 3) Socially Responsible 4) Economically Equitable FACT IDG has incorporated into its development approach the protections established in the Pele Defense cases. FACT Under the IDG business approach, an option in IDG's interests in- any energy plant built will be offered to the State at the end of the first lease term at a discounted value. The State and its people, not foreign companies, should own Hawaii's energy production: FACT Hawaii is facing an employment, energy and fiscal crisis. IDG's approach to geothermal development will help address this crisis directly. We must work together to find solutions that will. utilize all of Hawaii'sindigenous energy resources and develop them in a way that utilizes the four legs of IDG's model. Religious intolerance and personalattacks intended to distract from the real urgent issue facing us have no place in the renewable energy dialogue.