Ka Makani `O Kohala Ohana Inc. v. Water Supply

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that federal funding constituting “less than two percent of the estimated total project cost . . . . alone could not transform the entire [state project] into a ‘major federal action’”
• concluding the federal “involvement was not sufficient to constitute ‘major federal action’” because “the final decision-making power remained at all times” with the state agency
• stating that, to determine whether an agency action is a major federal one, the Court must look both to the federal funding involved and the degree of federal control
• “[This authority] must be more than the power to give nonbinding advice to the nonfederal actor ... the federal agency must possess actual power to control the nonfederal activity”
• “There are no clear standards for defining the point at which federal participation transforms a state or local project into a major federal action.”
• “[This authority] must be more than the power to give nonbinding advice to the nonfederal actor . . . the federal agency must possess actual power to control the nonfederal activity”

Source: CourtListener parenthetical corpus (CC0).