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The conferences topic, characterisation, is the process for identifying the nature or category of a particular cause of action (for instance contractual, tortious, proprietary, corporate, matrimonial), so that the correct connecting factor can be employed which then points to the applicable law or to the competent court.
The court concluded that the Freedom of Information Act’s deliberative process privilege shielded the redactions from disclosure. The court rejected DLNR’s argument that a 2017 Hawaii Supreme Courtdecision requiring environmental review for aquarium fishing only applied to fishing with fine-meshed nets.
The court concluded that CEQ had not demonstrated it would suffer “a reasonably foreseeable harm” from unredacted production. The records included spreadsheets tracking and analyzing comments, draft ANPRM fact sheets, meeting agendas, and emails and meeting invitations regarding CEQ’s process for managing comments. 3:18-cv-00113 (W.D.
The district court found the analysis of greenhouse gas and climate change impacts to be adequate but remanded for consideration of alternatives that did not involve leasing all nominated parcels. The conservation groups’ appeal of the district courtdecision is still pending, with the opening brief due on July 12.
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