Pele Defense Fund v. Puna Geothermal Venture

KLEIN, Justice.

Puna Geothermal Venture (PGV) appeals the third circuit court’s order denying PGVs motion to dismiss for lack of subject matter jurisdiction in an agency appeal brought by Pele Defense Fund (PDF) and other named parties 1 (collectively “Appellees”). PDF’s appeal of the Department of Health’s (DOH) decision to grant PGVs requested permits was brought pursuant to Hawai'i Revised Statutes (HRS) § 91-14(a) (1985), 2 HRS § 603-21.8 (1985), 3 and Hawai'i Rules of Civil Procedure (HRCP) 72. 4

I. Facts

PGV applied to the DOH for two Authority to Construct permits pursuant to HRS chapter…