Title
LITIGATION MATTERS (SPECIAL COUNSEL AUTHORIZATION: HAWAII WILDLIFE FUND, ET AL. V. COUNTY OF MAUI, DOCKET 18-260, SUPREME COURT OF THE UNITED STATES (PRL-1(20))
Description
The Committee is in receipt of the following:
1. Correspondence dated October 4, 2018, from the Department of the Corporation Counsel, requesting consideration of a proposed resolution to authorize an increase in compensation for special counsel for appellate work in the case, currently pending as Docket 18-260 before the Supreme Court of the United States. The First Amended Complaint in the case alleged violations of the Federal Water Pollution Control Act, also known as the "Clean Water Act," and other laws, arising out of the County's operation of injection wells at the Lahaina Wastewater Reclamation Facility.
2. Correspondence dated October 10, 2018, from the Department of the Corporation Counsel, requesting consideration of a revised proposed resolution entitled "AUTHORIZING AN INCREASE IN FUNDING RELATED TO THE EMPLOYMENT OF SPECIAL COUNSEL HUNTON ANDREWS KURTH LLP, IN HAWAII WILDLIFE FUND, ET AL. V. COUNTY OF MAUI, DOCKET NO. 18-260, SUPREME COURT OF THE UNITED STATES." The purpose of the revised proposed resolution is to authorize $500,000 in additional compensation for special counsel Hunton Andrews Kurth LLP, formerly known as Hunton & Williams LLP, for the appeal in Hawaii Wildlife Fund, et al. v. County of Maui, Docket 18-260, Supreme Court of the United States, for a total compensation not to exceed $4,300,000 (designated Civil 12-00198 SOM-BMK before the United States District Court, District of Hawaii; and Docket 15-17447 before the United States Court of Appeals for the Ninth Circuit).
Status
The Committee may consider whether to recommend adoption of the revised proposed resolution, with or without further revisions. The Committee may also consider the filing of the correspondence and other related action.
Note
With reference to this agenda item, one or mo...
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