SP09-403 Dept. of Environmental Services – 2012 LUC Remand to C&C HNL and Procedural Issues Arising From Civil No. 09-1-2719-11

In the present case, the LUC approved the most recent SUP for the Waimanalo Gulch landfill, but added additional restrictions, including the requirement that the landfill cease accepting municipal solid waste (MSW) on July 31, 2012 (Condition #14).  The Honolulu Department of Environmental Services (ENV) appealed the LUC’s imposition of Condition #14, and on May 4, 2012,  the Hawai’i Supreme Court issued its Decision, holding that the imposition of Condition #14 was not supported by substantial evidence in the record.  The Court ordered the matter to be remanded back to the LUC for further proceedings.

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