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CITY PREVAILS IN LAWSUIT REGARDING WAIMANALO GULCH LANDFILL
(Tues., March 30, 2010)—Mayor Mufi Hannemann today expressed his appreciation for the March 16, 2010, ruling by Circuit Court Judge Rom Trader, who granted the City's Motion for Summary Judgment (MSJ) in the lawsuit filed by Senator Colleen Hanabusa that challenged the sufficiency of the 2008 Final EIS (FEIS) prepared for the proposed expansion of the Waimanalo Gulch Sanitary Landfill.
“I’m pleased the Court determined that the FEIS was compiled in good faith, meets all legal requirements, and provided decision-makers with all information necessary to decide that the landfill should be expanded,” said Hannemann. “The City takes its obligations to comply with environmental disclosure laws such as HEPA and NEPA very seriously, and so it is gratifying to know that the Court has confirmed as a matter of law that this FEIS was properly prepared and accepted.”
Hanabusa filed her lawsuit in December 2008, claiming that the FEIS had inadequately addressed various matters related to the landfill’s expansion. She filed her own Motion for Summary Judgment, which Judge Trader denied while granting the City’s motion.
Following acceptance of the FEIS on October 13, 2008, the City applied for land use approvals to expand the landfill. During the proceedings at the
The decision ends one challenge to the continued use of
Media contact: Bill Brennan, Mayor’s Office, 768-6928