HRS 0607-0025 ANNOTATIONS

Enforcement of Environmental Laws in Hawai`i. 16 UH L. Rev. 85.

Under this section, attorneys' fees may be awarded to: (1) a member of the public who prevails against a private party who has been or is undertaking development without obtaining all permits or approvals required by law from governmental agencies; and (2) a defendant private party who prevails against a plaintiff who has brought a frivolous suit. 86 H. 132, 948 P.2d 122.

Where plaintiff's claims were not frivolous, award of attorneys' fees to defendants not warranted under this section. 86 H. 132, 948 P.2d 122.