After several hours of
testimony from supporters and opponents and tough questioning, a state Senate committee voted Monday
to unanimously recommend that Suzanne Case be reappointed to lead the Department of Land and Natural Resources for another four years.
DLNR has faced scrutiny for its permitting and
leasing of state lands and water resources, its management of lessees at Kahana State Park, ongoing challenges with Mauna Kea, its policies toward feral cats and other issues. Senators pressed Case on how she intended to address those issues if reappointed,
while some members of
the public testified that they had lost confidence
in her to lead the department.
Ultimately, Sen. Kai
Kahele, chairman of the
Water and Land Committee, said he thought Case should continue in her role, putting forth the committee recommendation that she be reappointed.
“DLNR is a challenging department. It is underfunded. It touches on so many areas of our state,” said Kahele prior to the vote. “It is a big ship to turn, and I think you have done the best job that you’ve been able to do the last four years. … I think your heart is in the right place, and that’s for our natural resources and trying to do the best you can.”
The Senate Water and Land Committee recommended that the full Senate approve Case as well as
DLNR’s deputy director, Robert Masuda. Those final votes are expected in the coming days.
Case has served as
chairwoman of the Board
of Land and Natural Resources since 2015, serving through Gov. David Ige’s first term as governor.
The board leader also serves as the director of DLNR. Masuda has served
as DLNR’s deputy director since 2017.
David Kimo Frankel, an attorney, testified before the Senate committee that he was concerned Case gives too much deference to corporate interests. He cited a lack of enforcement against the Kahala Hotel for commercial activities on state land and Alexander &Baldwin’s water diversions on Maui, as well as the arrest of Mauna Kea protesters.
“The department
mobilized resources in
a massive way to arrest
Hawaiians protesting to protect Mauna Kea,” Frankel told the Senate committee. “In contrast, when large corporations violate the law, they can do so with
impunity.”
Senators questioned Case about the lack of
progress in helping convert water permits into long-term leases — an issue
that divided the Legislature this year as water permit holders, including Alexander &Baldwin, sought a seven-year extension to comply with stringent
regulatory requirements for obtaining leases. A bill
extending the deadline
was shelved earlier this month amid controversy surrounding A&B. Farmers and ranchers throughout the neighbor islands now say they’re at risk of losing water needed for cattle and agricultural operations.
In 2016 the Legislature gave water users, including A&B, the electrical utilities, farmers, ranchers and
others, three years to
complete environmental
reviews, watershed management plans and other regulatory requirements for obtaining long-term leases. But as that deadline approaches, DLNR has said that none of the users have completed that process. As part of the 2016 legislation, DLNR was required to report to the Legislature annually on any legislative action or appropriations needed to facilitate that process. DLNR never
cited any needs, however.
“There was no urgency
in these reports, and that
is what is clearly missing,” said Sen. Gil Riviere (D,
Heeia-Laie-Waialua).
Case said that in hindsight she wished the department had been more aggressive in assisting
water users, particularly small users, through the process.
DLNR also has been
criticized for mismanaging Ahupua‘a ‘o Kahana State Park, commonly called
Kahana Valley State Park. About a half-century ago the state purchased
the 5,000-acre Windward Oahu parcel to protect the rural area from development. The state has allowed about three dozen families to remain in the valley, awarding them 65-year
residential leases. But
lessees haven’t complied with lease requirements, and structures within the community have fallen into disrepair.
Several lessees testified during Monday’s hearing that Case had not been
responsive to their needs and requests for a meeting.
Advocates for cats also criticized Case for not
supporting a policy of
trapping, neutering and
releasing feral cats. Case said she supports trapping and neutering cats, but
not releasing them because of the harm they do to
the environment. Cat
advocates say that this policy often leads to euthanasia for the cats.