In re Application of Maui Electric Co., Ltd.
Hawaii Supreme Court
408 P.3d 1 (2017)
Maui Electric (applicant) sought Public Utilities Commission (PUC) approval to buy power from a coal- and petroleum-burning plant that lacked modern pollution controls and repeatedly violated the Clean Air Act, forcing nearby residents to shut windows and run air filters against coal smoke; the Sierra Club moved to intervene, arguing the Hawaii Constitution's guarantee of a clean and healthful environment gave its members a protected property interest entitling them to a due process hearing. The PUC denied intervention, and Hawaii's Intermediate Court of Appeals found no due process right to a hearing and dismissed the Sierra Club's appeal, which it then brought to the Hawaii Supreme Court.
Whether due process protections apply to substantive intangible property interests, such as a constitutionally guaranteed right to a clean and healthful environment, guaranteed by law.