U.S. Supreme Court Holds that Apology Resolution Does not Bar Sale of Ceded Lands

The U.S. Supreme Court issued its opinion today in Hawaii v. Office of Hawaiian Affairs.

The Court reversed the Hawaii Supreme Court's holding that the sale of ceded lands would constitute a breach of the state’s fiduciary duty to Native Hawaiians based on federal law. In particular, the Apology Resolution did not strip Hawaii of its sovereign authority to alienate the lands the United States held in absolute fee and granted to the state upon its admission to the Union.

The case has been remanded to the Hawaii Supreme Court. In conclusion, the Court noted that it has "no authority to decide questions of Hawaiian law or to provide redress for past wrongs except as provided for by federal law." (Citations omitted.) While it is now clear that the Apology Resolution doesn't have the force and effect OHA hoped for, the Hawaii Supreme Court could still hold that the state is enjoined from selling ceded lands based on state law (i.e., without relying on the Apology Resolution).

For more on the this case see Ceded Lands.

“If it hasn’t come out of the ground, it’s probably on hold.”

The March 2009 edition of Hawaii Business Magazine reports on the state of development in Hawaii in Arrested Development, by Dennis Hollier.

The title of this blog is a quote from Stanford Carr, a Hawaii developer who summed up the state of the market. The article makes a few noteworthy points: Hawaii is dependent on outside financial markets, the development slow down trickles down to contractors and subcontractors, affordable housing projects have especially small margins, obtaining land use entitlements in Hawaii is expensive, and land use development is extremely risky.

Those interviewed in the article predict that projects are on hold until around 2011.

LEED Projects in Hawaii as of March 2009

According to the U.S. Green Building Council (USGBC), the Leadership in Energy and Environmental Design (LEED) Green Building Rating System is a voluntary, consensus-based national certification system for developing high-performance, sustainable buildings. LEED is developed by employees of the USGBC. The USGBC is a non-profit organization based in Washington, DC. See About USGBC.

Projects listed by Project Name, City, and LEED Rating:

• Imiloa Astronomy Center of Hawai'i , Hilo , Certified
• Case Middle School - Punahou , Honolulu , Gold
• AIA Honolulu Chapter Office , Honolulu , Gold
• 1779 Palolo Chinese Home , Honolulu , Certified
• Group 70 International-Ground Floor Reno , Honolulu , Silver
• Hawaii Baptist Academy Middle School , Honolulu , Gold
• University of Hawaii at Manoa - Frear Ha , Honolulu , Silver
• Hawaii Gateway Energy Center at NELHA , Kailua-Kona , Platinum
• Botanical Research Center , Kalaheo, Kauai , Gold
• Hilton Waikoloa Dolphin Quest Village , Waikoloa , Silver
• Dowling Company Office , Wailuku , Certified
• Waipahu School Cafeteria , Waipahu, Oahu , Certified

See LEED Projects & Case Studies Directory.

ENERGY STAR Buildings & Plants in Hawaii as of December 31, 2008

According to energystar.gov, to qualify for the ENERGY STAR, a building or manufacturing plant must score in the top 25 percent based on EPA's National Energy Performance Rating System. To determine the performance of a facility, EPA compares energy use among other, similar types of facilities on a scale of 1-100; buildings that achieve a score of 75 or higher may be eligible for the ENERGY STAR. The EPA rating system accounts for differences in operating conditions, regional weather data, and other important considerations.

Hilo

• Hilo State Office Building

Oahu

• Prince Kuhio Kalanianole
• Federal Building/Courthouse
• ALI'I PLACE
• Sheraton Princess Kaiulani Hotel
• PACIFIC GUARDIAN CENTER
• Central Pacific Plaza
• Waikiki Beach Marriott Resort and Spa
• Bishop Square
• The Sheraton Waikiki and The Royal Hawaiian Hotel
• 1132 Bishop Street
• Alexander & Baldwin, Inc.
• Topa Financial Center
• First Hawaiian Center
• State Office Tower(Leiopapa A Kamehameha Building)
• Ambulatory Care Clinic
• Capitol Center - Keoni Ana
• Waipahu Civic Center
• Abner Paki Hale Courthouse
• Pacific Guardian Tower
• Davies Pacific Center
• Hyatt Regency Waikiki Resort & Spa
• Waikiki Sand Villa Hotel
• HMSA Center
• Kaimuki Plaza
• Kapolei State Building(Kakuhihewa Building)

Maui

• One Main Plaza

See The ENERGY STAR for Buildings & Manufacturing Plants.

Hawaii Supreme Court Holds that the Superferry Bill is Unconstitutional

The Hawaii Supreme Court published an opinion today in Sierra Club v. Dep't of Trans. State of Haw., Sct. No. 29035, March 16, 2009, holding that "Act 2 is unconstitutional as it is a special law in violation of Article XI, section 5 of the Hawaii Constitution."

As discussed in, Draft EIS for the Hawaii Superferry Available for Public Comments, Act 2 (2007) exempted the Hawaii Superferry from Hawaii’s EIS requirements under HRS chapter 343.  Instead, the Act allowed the Superferry to operate while it followed a specially enacted environmental review under Act 2.  Act 2 was narrowly tailored by its terms to apply only to the Superferry.

Without the Act 2 exemption, it is likely that the Circuit Court will grant an injunction on remand, which will stop the Superferry's operations until it completes the EIS process under Chapter 343.

For more on the Superferry saga see Hawaii Superferry.