Note: CLG attorney Rory Wicks is lead counsel for Keep the North Shore Country in this litigation

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RELEASE
December 3, 2013
keepthenorthshorecountry.org

KNSC Files Suit Against the TBR SEIS

Keep The North Shore Country (“KNSC”) filed a lawsuit on December 2, 2013, asking the Circuit Court to require Turtle Bay Resort, LLC, (“Turtle Bay”) to properly study the environmental impacts of its proposed expansion plan. KNSC requests Turtle Bay’s Supplemental Environmental Impact Statement (“SEIS”) be set aside for five specific reasons:

One, Turtle Bay failed to accurately describe the proposed project and therefore it is impossible to legally evaluate the project’s actual environmental impacts;

Two, Turtle Bay uses the “Full Build Out” alternative from 1985 for the purpose of environmental impact comparisons, even though Turtle Bay has no intention of pursuing the “Full Build Out,” thereby skewing the results;

Three, the SEIS does not adequately and vigorously evaluate a “No Action” alternative as specifically required under the law;

Four, the SEIS fails to adequately evaluate cumulative traffic impacts;

Five, the SEIS violates the law by failing to properly evaluate the impacts for wetlands, marine water quality and threatened and endangered species.

In 2010, the Hawai`i Supreme Court determined a 1985 Environmental Impact Statement was no longer valid for the Turtle Bay Resort’s planned expansion. KNSC and Sierra Club, Hawaii Chapter were the plaintiffs in that case, known as Unite Here! vs. City & County of Honolulu.

The Final SEIS was accepted by the City & County of Honolulu Department of Planning and Permitting (“DPP”) on October 3, 2013 and public notification of this decision was given on October 23, 2013. KNSC provided extensive comments to DPP and Turtle Bay on the Draft SEIS, including grave concerns about the lack of proper baseline analysis: the “No Action” alternative. Unfortunately, the Final SEIS remains fatally flawed and should have been rejected by DPP.

A copy of the complaint is here.

KNSC complaint

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Previously:

Counsel is Retained

The Directors of Keep the North Shore Country were not satisfied with the Turtle Bay Resort (TBR) Final SEIS and their response to the issues and concerns we expressed. The City Department of Planning and Permitting (DPP) accepted the TBR SEIS on October 3, 2013 and notice of this acceptance was posted publicly on October 23, 2013.

We have retained Rory Wicks of the Coast Law Group to provide issue and environmental law expertise. In 2010, Rory successfully argued our case before the Hawaii Supreme Court, which ruled that the Turtle Bay Resort expansion does require a Supplemental Environmental Impact Statement.

We have retained Philip R. Brown and his law firm to represent us in the State of Hawaii and to partner with Rory.

Phil, Rory and their staffs will help us review our options and consider appropriate next steps. Should we determine that a clearly defined legal action is available, we know from winning the first Turtle Bay case that litigation will likely be quite costly.

So, after a three year hiatus, we are again asking for your financial support. KNSC is a 501(c)(3) non-profit organization. Tax deductible contributions can be made HERE.

Your previous and continuing support is greatly appreciated!