Case Notes

• Jurisdiction: Hawaii,United States
• Citation: Vol. 21 No. 11
• Publication year: 2017

CASE NOTES

Supreme Court

Administrative

Umberger v. Dep't of Land and Natural Resources, No. SCWC-13-0002125, September 6, 2017, (Pollack, J.). For a nominal fee per year, DLNR authorizes the collection of fish or other aquatic life for aquarium purposes (aquarium collection) by issuing permits pursuant to Hawaii Revised Statutes § 188-31 and its administrative rules. Subject to certain terms and conditions contained in the permit and restrictions provided by statutes and administrative rules, each commercial aquarium collection permit authorizes the extraction of an unlimited number of fish or other aquatic life annually from the State's coastal waters. DLNR also issues recreational aquarium collection permits that authorize an annual catch limit for each permit of almost 2,000 fish or other aquatic life. The fundamental issue presented was whether aquarium collection pursuant to permits issued under Haw. Rev. Stat. § 188-31 and DLNR's administrative scheme was subject to the environmental review procedures provided in the Hawaii Environmental Policy Act (HEPA). The Hawaii Supreme Court held that commercial aquarium collection under Haw. Rev. Stat. § 188-31 and DLNR's administrative rules was subject to HEPA's requirements. The Hawaii Supreme Court further held that the record was not adequate for the court to determine whether a recreational aquarium collection may be exempt from HEPA. Accordingly, the Hawaii Supreme Court remanded the case to the circuit court for further proceedings to resolve the issue of whether a recreational aquarium collection under Haw. Rev. Stat. § 188-31 and DLNR's administrative rules were also subject to HEPA.

Civil Procedure

Deutsche Bank Nat'l Trust Co. as Indenture Trustee for Am. Home Mortgage Inv. Trust 2006-1 Mortgage-Backed Notes, Series 2006-1 v. Kozma, SCWC-16-0000025, September 5, 2017, (McKenna, J.). Appellant sought review of the ICA's Order Denying Without Prejudice the March 30, 2017 Request for Attorneys' Fees and Costs. This appeal was related to a foreclosure action brought by Appellee. On December 22, 2015, the circuit court granted Appellee's motion for summary judgment and decree of foreclosure, and Appellant appealed. The ICA vacated the circuit court's judgment and remanded for further proceedings after determining Appellee failed to meet its burden of demonstrating that it was entitled to summary judgment. Appellant then filed a "Request and Declaration of Counsel" seeking attorney's fees and costs...