Legality of Hawai‘i state land board appointees called into question

The nonprofit law firm Earthjustice is calling into question the validity of the Hawai‘i State Board of Land and Natural Resources because it currently does not have a member with a college degree in conservation and natural resources, as mandated by Hawai‘i statute.

Earthjustice sent a letter Thursday to the land board and Gov. Josh Green, saying the seven-member board is not in compliance with the Hawai‘i Revised Statutes 171-4(b).

This requirement was previously filled by former board member Aimee Barnes, who has a degree in natural resources management and experience in this field at the international and national levels.

Earthjustice states neither of the governor’s two recent appointees, Denise Iseri-Matsubara and Calvin Young, who have yet to be confirmed by the Senate, meets this requirement.

The Department of Land and Natural Resources did not comment on the letter saying: “Appointments of interim board and commission members are made by the Governor, and DLNR will defer to his review.”

According to Earthjustice, the board has been conducting business and making decisions without satisfying the required qualifications since Barnes left in August.

Iseri-Matsubara is the executive director of Catholic Charities Housing Development Corporation, a nonprofit affiliate of Catholic Charities Hawai‘i, focused on developing and managing affordable housing for seniors and disadvantaged communities.

Young serves as a partner at Goodsill Anderson Quinn & Stifel with decades of litigation experience. A graduate of Kamehameha Schools and the William S. Richardson School of Law at the University of Hawaiʻi at Mānoa, he also serves as a member of the American Bar Association and the Native Hawaiian Bar Association.

Neither has a degree in conservation or natural resources.

Earthjustice wrote urging the administration to immediately appoint a board member with the required conservation and natural resources background.

“This prompt corrective action is essential to comply with the law, avoid legal problems with the validity of the Board’s actions and decisions, and maintain public faith and confidence in the Board’s governance,” the letter reads.

The Office of the Governor confirmed receiving the letter, saying it is under review.

On Friday, the board will be hearing and deciding on numerous issues across the islands. As it stands, Earthjustice states that any decisions made by the board will lack “the required insight and input based on conservation and natural resources expertise and will thus be legally unsound.”

According to Earthjustice, the governor’s failure to appoint a board member with the required expertise ignores the legislature’s directive, jeopardizes the public’s confidence in the board’s governance, and raises problems with the validity of the board’s ongoing decisions.

“The board makes critical and lasting decisions about the protection of our ‘āina and public trust resources, decisions that must be informed by a board member with experience doing just that,” says Earthjustice attorney Harley Broyles. “The governor’s failure to make an appointment that ensures the board’s compliance with the law impedes the pono management of Hawai‘i’s land and natural resources.”

During Friday’s meeting, board members will be discussing a variety of items, including a Forest Stewardship agreement with Waikoloa Dry Forest Initiative and other land leases and permits on Hawai‘i Island.

Click here for the full agenda.