Case 56

Hoe v. Alexander, 483 F. Supp. 746 (D. Haw. 1980).

Hawaiian fishermen sought to enjoin the Army Corps of Engineers from dredging sand from an offshore sandbar to provide fill for an eroding beach in a park within the Ahupua'a of Kualoa, an area listed in the National Register of Historic Places. The Corps determined that the dredging would have no adverse effect on the historic area. The Advisory Council on Historic Preservation had concurred in this determination under the Council's regulations implementing Section 106 of the National Historic Preservation Act. Plaintiffs nevertheless alleged that the Corps had violated Section 106, the Council's regulations, and Executive Order No. 11593.

The court denied plaintiffs' motions for summary judgment and permanent injunction, finding that the Corps had complied with the historic preservation laws in making its determination of no adverse effect and in keeping in constant touch with the State Historic Preservation Officer. Moreover, the sandbar lay outside the boundaries of the Ahupua'a. 483 F. Supp. at 749-50.

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