Justia Hawaii Supreme Court Opinion Summaries

Articles Posted in Energy, Oil & Gas Law
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In this taxation dispute between the County of Maui and Appellees, which leased land on the island of Maui to operate their wind farms, the Supreme Court upheld the Tax Appeals Court's (TAC) final judgment in favor of Appellees, holding that the TAC properly held that the County exceeded its constitutional authority by amending Maui County Code 3.48.005 to expand its definition of "real property" to include "personal property." The County included the value of Appellees' wind turbine in their real property tax assessments and redefined the term "real property" within section 3.48.005 of the MCC to include wind turbines for that purpose. The TAC concluded that the County exceeded its authority under Haw. Const. art. VIII, 3 because the delegates to the 1978 Constitutional Convention did not intend to grant counties the power to redefine "real property." The Supreme Court affirmed, holding that the County exceeded its constitutional power when it amended MCC 6.48.005 to redefine "real property." View "In re Tax Appeal of Kaheawa Wind Power, LLC v. County of Maui" on Justia Law

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The Supreme Court vacated the decision and order of the Public Utilities Commission (PUC) approving an amended power purchase agreement (PPA) between Hawai'i Electric Light Company, Inc. (HELCO) and Hu Honua Bioenergy, LLC, pursuant to which Hu Honua would construct and operate a biomass-field energy production facility and HELCO would purchase energy from the facility, holding that the PUC failed explicitly to consider greenhouse gas (GHG) emissions in determining whether to approve the amended PPA and denied Life of the Land due process during the underlying proceedings. LOL, an environmental nonprofit organization, sought to intervene as a party in the PUC's proceeding in order to address the environmental impacts of the proposed facility. The PUC granted LOL limited participation in the proceeding and then approved the amended PPA. The Supreme Court vacated the PUC's order, holding (1) this Court has jurisdiction to consider LOL's appeal; (2) the PUC erred by failing explicitly to consider the reduction of GHG emissions in approving the amended PPA, as required by statute; and (3) the PUC denied LOL due process to protect its interest in a clean and healthful environment by restricting its participation in the proceeding. View "In re Application of Hawai'i Electric Light Co." on Justia Law