Pila‘a 400, LLC v. Board of Land and Natural Resources.

Opinion of the Court by

POLLACK, J.

This case requires us to consider whether Pila'a 400, LLC (Pila'a 400) was properly held responsible for remedial, restoration, and monitoring costs assessed against it by the Board of Land and Natural Resources (BLNR) for despoilment of state conservation land resulting from unauthorized land use by Pila'a 400, which included significant harm to a near-pristine coral reef.

We hold that BLNR had jurisdiction to institute the enforcement action, the BLNR was not required to engage in rule-making before imposing a financial assessment for damages to state land…