2015, O! 30 P" 2: 15 ) ) )

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1 CARRIE K. S. OKINAGA University General Counsel RYAN M. AKAMINE BRUCE Y. MATSUI Associate General Counsels University ofhawai' i 2444 Dole Street, Bachman Hall 110 Honolulu, Hawai' i Telephone: ( Facsimil e: ( , O! 30 P" 2: 15., ',","',.. ;/,.~ EX OFFICIO -"-l~-:' :~< - ~ Attorneys for Defendant UNIV ERSITY OF HA WAI' I IN THE CIRCUlT COURT OF THE THIRD CIRCUIT STATE OF HAWAI' I RALPH PALIKAPU DEDMAN; TERRI L. NAPEAHI; ROBERT M. PETRICCI; RUTH- REBECCAL YNNE TY ANA LOKELANI ALOUA; ALICIA M. ILIKEA KAM; WINTER NANI HOOHULI; CLARE LOPRINZI; JOSEPH KASSEL ND, L.Ac.; and MISHA KASSEL, MD, Plaintiffs, v. STATE OF HAWAI'I, DEPARTMENT OF LAND AND NATURAL RESOURCES; UNIVERSITY OF HA WAn, HA WAIl INSTITUTE OF GEOPHYSICS AND PLANETOLOGY and CENTER FOR THE STUDY OF ACTIVE VOLCANOES; and JOI-INDOESI-10, Defendants Civil No K (Kona (Environmental Court DEFENDANT UNIVERSITY OF HAWAI'I' S ANSWER TO FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FILED ON OCTOBER 21, 2015; CERTIFICATE OF SERVICE

2 DEFENDANT UNIVERSITY OF HAWAI'I'S ANSWER TO FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FILED ON OCTOBER 21, 2015 Defendant University of Hawai 'i (hereafter "Defendant", hereby responds to Plaintiffs' First Amended Complaint For Declaratory And Injunctive Relief (hereafter "Amended Complaint", filed on October 21,2015, and states as follows: FIRST DEFENSE 1. The Amended Complaint fails to state a claim against Defendant upon which relief can be granted. SECOND DEFENSE 2. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraphs 1 through 9, 13 through 15, 17, and 19 through 21 of the Amended Complaint and therefore denies the same. 3. Defendant believes the allegations in paragraph 10 to be true. 4. With respect to paragraph 11 of the Amended Complaint, Defendant denies that Hawai' i Institute of Geophysics and Planetology (HIGP and the Center for the Study of Active Volcanoes (CSAV are proper defendants or even legal entities, but admits the remainder of the paragraph. 5. With respect to paragraph 12 of the Amended Complaint, Defendant admits that jurisdiction and venue are proper in the Third Circuit Court pursuant to statute but denies the remaining allegations in the paragraph. 6. With respect to paragraphs 16, 24 through 27 of the Amended Complaint, Defendant states that the cited statute and/or administrative rule and/or application speaks for itself. 2

3 7. Defendant admits the allegations contained in paragraph 18 of the Amended Complaint. 8. Defendant denies the allegations contained in paragraphs 22, 23, 28 through 30 of the Amended Complaint. 9. Defendant denies each and every allegation contained in the Amended Complaint not specifically admitted herein above. THIRD DEFENSE 10. Plaintiff lacks standing. FOURTH DEFENSE 11. Defendant Plaintiffs' claims are barred by the doctrines or defenses of illegality, impracticality, violation of public policy, and/or ultra vires. FIFTH DEFENSE 12. Plaintiffs' claims are barred by waiver, estoppel, and/or laches. SIXTH DEFENSE 13. Defendant intends to rely upon any matter constituting an avoidance or affirmative defense as set forth in Rule 8(c of the Hawai' i Rules of Civil Procedure, and intends to seek leave to amend its answer to allege any such matters of which it may become aware during the course of discovery or trial of this action. SEVENTH DEFENSE 14. Defendant reserves the right to identify additional defenses which may be adduced through further investigation and discovery. EIGHTH DEFENSE 15. Plaintiffs have failed to exhaust the applicable administrative remedies. 3

4 Dated: Honolulu, Hawai' i, NO_V_3_0_20_15_------=- ~A\r \ ru~ ~-S.+-~-K-IN-A-G-A--- RY AN M. AKAMINE BRUCE Y. MATSUI Attorneys for Defendant UNIVERSITY OF HAW AI' I 5

5 IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAI' I RALPH PALIKAPU DEDMAN; TERRI L. Civil No. ls-1-274k NAPEAHI; ROBERT M. PETRICCI; RUTH- (Kona (Environmental Court REBECCAL YNNE TY ANA LOKELANI ALOUA; ALICIA M. ILIKEA KAM; CERTIFICATE OF SERVICE WINTER NANI HOOHULI; CLARE LOPRINZI; JOSEPH KASSEL ND, L.Ac.; and MISHA KASSEL, MD, Plaintiffs, v. ST A TE OF HAW AI' I, DEPARTMENT OF LAND AND NATURAL RESOURCES; UNIVERSITY OF HAW ArI, HAW All INSTITUTE OF GEOPHYSICS AND PLANETOLOGY and CENTER FOR THE STUDY OF ACTIVE VOLCANOES; and JOHN DOES 1-10, Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was duly served upon the following by hand delivery (HD to the following address or placing the same in the NOV u.s. Mail, postage prepaid (M, addressed as follows, on GAR Y C. ZAMBER Attorney at Law 21 Waianuenue Ave.,# 3 Hilo, HI (M Attorney for Plaintiffs

6 Dated: Honolulu, Hawai' i, NOV ~ CARR K. &OKINAGA RYAN M. AKAMINE BRUCE Y. MATSUI Attorneys for Defendant UNIVERSITY OF HAW AI'I 2