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Gov. Green sued over Water Commission appointment process

Courtesy of Gov. Josh Green
An image of V.R. Hinano Rodrigues.

Earthjustice is suing Gov. Josh Green over his appointment of a new member to the state Commission on Water Resource Management.

Green appointed V.R. Hinano Rodrigues to serve on the commission last fall.

Green had previously discarded a list of four candidates for the position after two withdrew their names. Rodrigues was selected after a second committee put forward his name, along with other candidates.

Earthjustice associate attorney Harley Broyles said that since Green restarted the selection process, Rodrigues is holding his position unlawfully.

The lawsuit was filed in the state's Environmental Court on Monday. Earthjustice, on behalf of the community group Hui Kānāwai ‘Oia‘i‘o, is seeking a declaratory judgment from the court that compels Green to withdraw Rodrigues' appointment and instead choose one of the two remaining candidates from the first round of picks for the position.

“The suit is just about making sure that the governor follows the rules,” Broyles said.

Broyles noted that this appointment holds particular significance as it involves the one spot on the commission designated for a Hawaiian cultural expert, or loea.

“It's the voice that ensures that the Water Commission remembers Hawaiian water management practices in every decision,” she said. “To maintain the integrity of that position and the whole commission itself, the nomination process for it must be pono.”

The two nominees passed over in the first round were Hannah Springer of Hawaiʻi Island, a former OHA trustee, and Lori Buchanan of Molokaʻi, a member of the Molokaʻi Planning Commission.

James “Kimo” Falconer, coffee farmer and former Maui sugar plantation executive, was also in contention in the first round. He withdrew his name from consideration and later served on the second nominating committee. Falconer is a named defendant in the lawsuit, as is Rodrigues.

Broyles accused Green's administration of ongoing interference with the commission.

“After the fires in West Maui in 2023, this administration hasn't stopped attacking the Water Commission since they got rid of Deputy Kaleo Manuel, and this manipulation by the governor of the nomination process is just the latest continuation of that,” she said.

HPR reached out to Green’s office regarding the lawsuit. The state Department of the Attorney General, on behalf of Green, responded that it does not comment on pending litigation.

Savannah Harriman-Pote is the energy and climate change reporter. She is also the lead producer of HPR's "This Is Our Hawaiʻi" podcast. Contact her at sharrimanpote@hawaiipublicradio.org.
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