Pilaʻa 400, LLC v. Board of Land and Natural Resources

Summary

The Hawaiʻi Supreme Court considered whether the Board of Land and Natural Resources had authority to assess Pilaʻa 400, LLC for remedial, restoration, monitoring, and damage costs arising from unauthorized land use and sedimentation that harmed state conservation land and a coral reef. The court held that the Board had jurisdiction, was not required to undertake rulemaking before imposing the assessment, and provided Pilaʻa 400 with a sufficient opportunity to be heard in a contested case hearing. The court affirmed the judgment of the Intermediate Court of Appeals.

Holdings

1. The BLNR had jurisdiction to institute the enforcement action because the placement of solid material on conservation-district land constitutes a regulated land use, regardless of where the material originated.
2. The BLNR was not required to promulgate a standardized rule or methodology for valuing damages to conservation-district resources before making the case-specific assessment in this matter.
3. The contested-case notice satisfied HRS § 91-9 and due process because it identified the enforcement action, the alleged damage to state land and natural resources caused by excessive sedimentation, the relevant statutory and regulatory chapters, and afforded Pilaʻa 400 a meaningful opportunity to present evidence and argument.

Questions Presented

1. Whether the BLNR had jurisdiction under HRS chapter 183C to enforce conservation-district land-use restrictions and assess damages when sediment originating partly outside the district was deposited on conservation-district land.
2. Whether the BLNR was required to promulgate rules establishing a standardized methodology for valuing environmental damages before making a case-specific damages assessment.
3. Whether the contested-case notice satisfied HRS § 91-9 and due process despite identifying the statutes and rules by chapter rather than citing every specific rule, including HAR § 13-5-24.

Disposition

affirmed