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The 2024 Hawaii Energy Injunction: A Turning Point for Justice and Community Advocacy

Updated: Jul 30


As we piled into the Honorable judge Nakamotos courtroom, 3rd district court, Hilo Hawaii , the anticipation was palpable. The buzz of voices hushed to a whisper as the back door opened and Judge entered: we all rose. Once called forward, community activist, artist, and paralegal Sara Steiner stepped forward, poised and determined, to her Plantiffs podium. Following her was the lawyers for PGV and the County of Hawaii/ Kern as they made their ways , grimacing, up to their podium.


Image: Cultural Protection within constitution. #MALAMATUTUPELE !


This was no ordinary hearing; this was the 2024 Hawaii Energy Injunction that promised to reshape the landscape of justice and environmental advocacy in the region.



A Breath of Fresh Air



Sara Steiner's opening presentation to Judge Nakamoto was nothing short of spectacular. Her meticulously crafted arguments cut through the clutter of legalese, laying bare the stark reality of the situation. As she spoke, her passion was felt by all. It fanned a decades long fire within the community's hearts in the courtroom, compelling even the opposing lawyers to seemingly look stunned with her air tight deliverance.


Upon entering the courtroom, the right side was packed in every row with members of the Puna community, many of whom are within the injunction, and supporters of madame Pele and her sacred home that is Kīlauea Volcano. On the left side, there was emptiness, with only Mike Kalekini and the lawyers representing PGV, the county, and Zendo Kern present. The fact that we have reached this stage is a significant milestone for the Puna community. All the necessary evidence is readily available, leaving no room for doubt.



Taking on the Big Players



Central to the issue was Puna Geothermal Venture (PGV), a major player in the energy sector. PGV, known for its uncontrolled fracking activities and the discharge of geothermal pollutants into the environment, had been a persistent problem for the community. There have been 35 legal cases (publicly accessible on the ecourtKokua website) that have all been resolved and kept out of the public eye. Years of hardship, exacerbated by a series of falsehoods concerning geothermal operations, had pushed the indigenous Puna community to a breaking point.


Image: Puna Geothermal Venture, an Israeli owed (ORMAT) foeign entity that seemingly has free reign over Kīlauea Volcano and its lower east rift zone . Photo from a googlle search #AOLEPGV)


Ormat, an Israeli-owned company, has been in control in Puna, Hawaii for too long. Over the course of 40 years, they have crafted misleading narratives and inaccurate propaganda about their activities at Kīlauea volcano. They have established a manipulated community in the crucial area of Leilani Estates, where many residents are unaware of the potential dangers lurking in their own backyards.


Back in the day, Leilani Estates used to be a vibrant community filled with local Hawaiian families and their children everywhere. I grew up on Mohala Street in Leilani Estates, born in 1988. When I was just 6 months old, PGV started operations in my neighborhood, disrupting our lives. Gradually, families began to move away due to health issues caused by the activities, which were concealed in the pursuit of profit. Puna Geothermal offered a settlement to silence those who complained about falling ill, claiming they were not responsible for the illnesses, by buying their homes at 130% of their value. Many Hawaiians in the area realized that taking on this powerful entity alone was futile and opted to accept the money and leave.


Unfortunately, as a result of this situation, I have witnessed all those dear to me and who I shared experiences with in Leilani gradually depart, while PGV brings in their main geothermal supporters from the mainland to purchase these homes or accommodate PGV workers in them, reminiscent of the navy housing in Red Hill. Anyone arriving in Leilani Estates since the late 90s essentially had no knowledge of what they were getting into and were not informed about a geothermal drilling facility in their immediate vicinity. This is not fair.


Regardless of your location on Moku O Keawe, PGV is involved in every aspect. In order to participate in politics and hold positions of influence here, you must support PGV. This is why we require your assistance to overcome these obstacles and truly protect our home.



Demanding Justice



When Steiner articulately highlighted the absence of seismic and air monitoring, the lack of emergency protocols, and the ongoing neglect for the community's welfare, the flagrant illegality of the environmental impact statement under discussion sparked a shared sense of indignation that led to tears welling up among the audience. At a certain moment, the Judge paused the proceedings to address a small sign held in someone's lap that read "PGV GASSED MY OHANA," deeming it disruptive as more tears could be heard falling.


Decades of neglect and deception could no longer be swept under the rug. The time for accountability had arrived, as Steiner herself made clear in her closing statements, summing it all up so perfectly with : "THIS EIS IS, plain and simple, AGAINST THE LAW, your Honor"



The Call for Trial



While PGV sought a summary judgment, the community stood resolute in their demand for a trial. No more shortcuts, no more backroom deals. The people wanted their day in court, an opportunity to present their case before a jury of their peers. The hashtag #AOLEPGV had already trending on social media, a rallying cry for justice that reverberated far beyond the walls of the courtroom.


Image: some of Sara Steiner's supporters surround her outside 3rd district courthouse Hilo Hawaii July 26th 2024


Waiting Game



With the stage set and the arguments exposed, the lawyers representing PGV and the county appear to have no substantial case. The Puna community has overwhelming evidence in their favor, making it likely for the illegal foreign entity to be ruled against.


Now all that remained was the judge's ruling. The tension in the air was thick, each passing moment pregnant with the weight of expectation. Would Judge Nakamoto see through the smoke and mirrors, or would justice once again be delayed?


Right after the closing arguments, the Honorable Judge Nakamoto stated that he would thoroughly examine all the information and issue his decision in written form. Before we could fully comprehend the sudden conclusion, we were dismissed and left the courtroom.



As we wait with bated breath for the verdict, one thing remains clear: the 2024 Hawaii Energy Injunction is not just a legal battle; it is a testament to the power of community resilience and unwavering determination. Regardless of the outcome, the seeds of change have been planted, and they will continue to grow, nourished by the relentless spirit of those who refuse to be silenced.



Image: celebratory photo shoot after we al exited the courtrom #WeArePuna . No matter what the outcome ofthe frsst haaring, the fact is , weve taken a huge step for the Redemption of PUNA. #MalamaTutuPele #FREEKILAUEA Sara Steiner has worked so hard long and tirelessly , we celebrate HER . We celebrate TUTU PELE , WE CELEBRATE ALOHA Ā'INA. ALOHA WINS, EVERY TIME xo Jazzy


In the end, the 2024 Hawaii Energy Injunction is more than just a legal battle; it is a testament to the power of unity in the face of adversity. It is a beacon of hope for all those who dare to dream of a better, more just world. And as we stand on the precipice of change, let us remember that the fight for justice is not won in a single hearing but in the hearts and minds of those who refuse to back down.



So, let us stand together for Moku O Keawe, for Madame Pele, for Kīlauea Volcano,  united in purpose and unwavering in our resolve, for the road ahead may be long and arduous, but with the strength of community behind us, we can overcome any obstacle that stands in our way. The future is ours to shape, and with each step we take, we bring closer the day when justice prevails in Puna, and the voices of the unheard are finally heard.



We are Puna


And it's simply time we breathe



KahuPuna




Join us in advocating for justice. Support us as we call for responsibility. Together, we have the power to effect change. Initiate discussions about geothermal activities in Kīlauea Volcano and the community in need of awareness as the case progresses to trial. As we were not granted exended coverage for some weird reason, it means they have more chances to keep this under wraps and not have a uproar start if they do rule against the people. We NEED to make clear, as all of Hawaii, that we won't stand for this any longer . Aloha.



 

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1 Comment


This reporting is riveting, lucid, and historical. The writing is super-intelligent, grammatically impeccable, and an obvious introductory chapter to a script made for a world-class doucumentary and cinema veritas.

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