Legal representation
Retainer, attorney time, research, pleadings, motions, appearances, and case preparation.
STAND WITH KEAUKAHA
Community Legal Defense
& ʻĀina Protection Fund
For our ʻāina. For our wai. For our people. For generations to come.
THE NEXT STEP
The community has done the work.
Help make the next step possible.
KAN is seeking support to pursue litigation concerning the Section 106 historic preservation and cultural-resource review associated with the Hilo Wastewater Treatment Plant Rehabilitation and Replacement and Pua Force Main projects.
We support safe, reliable wastewater infrastructure. We also believe projects of this scale need a thorough review and meaningful participation by the communities connected to the affected lands and waters.
Our concerns include whether the Area of Potential Effects adequately considered the interconnected wastewater system, the ocean outfall, Puhi Bay, and cultural and historic resources.
After participation in consultation and an administrative appeal did not resolve those concerns, KAN secured legal counsel. According to KAN’s campaign proposal, counsel has reviewed the matter and confirmed a valid legal basis to proceed with litigation.
This campaign describes KAN’s concerns and intended legal action. It does not announce a court finding or guarantee an outcome.
HOW WE GOT HERE
Participation. Persistence. Action.
Community consultation
KAN participated in the Section 106 process and raised concerns about the scope of review and connected resources.
Administrative appeal
KAN submitted an appeal to SHPD and the State and continued seeking resolution through the administrative process.
Counsel secured
KAN reports that counsel reviewed the matter and identified a valid legal basis to proceed.
Resourcing litigation
The campaign seeks support for the legal work, records, and expertise needed for the next phase.
PUTTING SUPPORT TO WORK
What contributions will support
Court & filing costs
Filing fees, service costs, court expenses, and records.
Technical expertise
Environmental, marine, coastal, or wastewater-system expertise as recommended by counsel.
Cultural & historic expertise
Cultural-resource research, historic preservation expertise, and Section 106 technical assistance.
Records & research
Public records, historical documents, technical reports, agency records, and document organization.
Community & case support
Communications, education, meetings, outreach, and reasonable costs directly associated with the litigation effort.
A BUDGET GROUNDED IN THE WORK
Real costs.
Clear phases.
The fundraising goal will be based on counsel’s projected litigation budget. Amounts have not yet been established.
Begin the legal work
Initial retainer, filing, preparation, records, and immediate litigation expenses.
Build the record
Expert and technical review, discovery where applicable, and additional litigation expenses.
Carry the case forward
Further litigation costs if the case proceeds into subsequent stages.
COMMUNITY ACCOUNTABILITY
Your trust carries
responsibility.
KAN intends to provide meaningful campaign updates while protecting confidential legal strategy and attorney-client information.
- Maintain records of campaign income and expenses.
- Track restricted contributions and their intended uses.
- Provide periodic fundraising and major case updates.
- Explain significant changes to the fundraising goal.
- Distinguish fundraising expenses from litigation costs.
- Provide appropriate financial reporting to donors and funders.
UNDERSTANDING THE CAMPAIGN
Questions from our community
What is KAN asking the court to review?
KAN intends to seek review of concerns about the Section 106 process, including the scope of the Area of Potential Effects and consideration of cultural and historic resources connected to the undertaking. The precise claims and requested remedies will be determined with counsel.
Is KAN opposed to wastewater improvements?
No. KAN supports safe, reliable wastewater infrastructure. The campaign concerns the adequacy of review and meaningful community participation.
What would success look like?
Meaningful consideration of community concerns, cultural and historic resources, project effects, connected infrastructure, and affected ʻāina and wai. Any legal remedy will depend on the litigation process and the court.
Can foundations or major donors help?
KAN welcomes general litigation support, matching funds, challenge grants, expert funding, research support, and phase-specific support. Restricted contributions will be coordinated with counsel and funders.
Contact KAN about fundingHow can I help before donations open?
Learn about the campaign, share KAN’s work with your ʻohana and networks, or contact KAN if you can connect the organization with funders or relevant technical expertise.