Carmichael v. BLNR: Water Rights and Environmental Law Ruling

Carmichael v. Board of Land and Natural Resources addressed the continuation of revocable permits allowing substantial water diversions from East Maui streams. The Supreme Court of Hawai‘i considered statutory limits on temporary permits, environmental review requirements, and the Board of Land and Natural Resources’ public-trust responsibilities.

The court vacated the Intermediate Court of Appeals’ decision and remanded the matter. It concluded that the continued use of temporary permits beyond the statutory one-year framework was unauthorized, that the continuation constituted action requiring environmental assessment under Hawai‘i environmental law, and that BLNR had to demonstrate that its decisions served the best interests of the State. The ruling reinforces environmental review and public-trust principles in Hawai‘i water-resource management.

Original article:https://www.whitcomblawpc.com/business-law-blog/carmichael-v.-blnr-water-rights-and-environmental-law-ruling