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Friday, September 6, 2019

Life of the Land -- Status of Two Climate Legal Actions


Posted on September 6, 2019

Hu Honua Bioenergy proposed chopping down and burning forests to generate electricity in 2008.

Life of the Land, founded in February 1970, has been in 50 Hawai`i Public Utilities Commission regulatory proceedings including 10 dealing with BioEnergy.

The Hawai`i Public Utilities Commission twice approved the Hu Honua – Hawai`i Electric Light Company (HELCO) contract.

The Hawai`i Supreme Court upheld Life of the Land`s appeal remanding the case back to the Commission. 

The court ruled that Life of the Land has a constitutional right to a “clean and healthy environment," and that the Commission has been mandated to examine greenhouse gases since 2011.

The Public Utilities Commission is in the initial stages of a greenhouse gas contested case proceeding. 

The parties are HELCO, Hu Honua, and the Consumer Advocate.

The participants are Life of the Land, Tawhiri, and Hamakua Energy.

The Commission is requiring Hu Honua to conduct a life cycle assessment including building the facility, acquiring the fuel, and burning the fuel.

Documents must be filed on September 17, 2019: (1) preliminary briefs by all parties and participants, and (2) a draft Procedural Schedule filed only by the parties.

A second Life of the Land appeal is before the Hawai`i Supreme Court. This deals with climate denier Hawai`i Gas.  

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