Hawaii Supreme Court Recognizes Constitutional Right to a Safe Climate

January 10, 2018: The Sierra Club recently obtained an exciting victory from the Hawaii Supreme Court that confirms the public's right to intervene in proceedings at the Hawaii Public Utility Commission. This victory is a culmination of a multi-year campaign to curb pollution and end coal burning at the Pu'unene sugar mill, which shut down in 2016.  In 2015, the Commission denied the Sierra Club's request to intervene in a proceeding to approve a renewed power purchase agreement with the Pu'unene mill, whose old, coal-fired boilers powered the Mill's sugar production and generated electricity that was sold to Maui Electric Company. The Commission refused to allow Sierra Club to participate in that proceeding, even though Sierra Club's intervention papers included detailed concerns about the Mill's pollution levels, compliance with the Clean Air Act and state renewable portfolio standards, and affidavits from members living near the plant who are forced to close their windows and run air filters due to the Mill's pollution. The Hawaii Supreme court reversed the Commission, ruling that, under Hawaii law, Sierra Club has a right to due process that is guaranteed by the constitutional right to a clean and healthy environment.  Even though the plant has shut down, the Court found this issue fell within the public interest exception to the mootness doctrine because it may affect similarly situated parties in the future.