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| Hawaiʻi Environmental Policy Act | |
|---|---|
| Name | Hawaiʻi Environmental Policy Act |
| Enacted by | Hawaii State Legislature |
| Date enacted | 1975 |
| Status | in force |
Hawaiʻi Environmental Policy Act The Hawaiʻi Environmental Policy Act establishes procedures for environmental review and decision-making in Hawaii and the State of Hawaiʻi. Modeled after National Environmental Policy Act, the statute requires agencies to consider environmental impacts in actions affecting land use planning and public lands. It has guided planning for projects involving Department of Land and Natural Resources (Hawaii), Hawaiʻi Department of Transportation, and Hawaiʻi Department of Health.
The Act mandates preparation of environmental documents—Environmental Assessments and Environmental Impact Statements—by state and county agencies such as City and County of Honolulu, County of Maui, and County of Hawaiʻi. It created procedural duties for officials in entities like the Office of Environmental Quality Control (Hawaii), aligning state practice with precedents from Council on Environmental Quality (United States), United States Environmental Protection Agency, and decisions of the Hawaii Supreme Court. The law affects planning for projects at locations including Pearl Harbor, Lahaina, Kahului Airport, and protected areas such as Haleakalā National Park and Hawaiʻi Volcanoes National Park.
Enacted by the Hawaii State Legislature in 1975 during a period when states adopted statutes following the federal National Environmental Policy Act precedent, the Act was influenced by advocacy from organizations like Sierra Club and legal scholars associated with University of Hawaiʻi at Mānoa. Amendments over time involved lawmakers from the Hawaii State Senate and Hawaii House of Representatives and administrative rulemaking by the Office of Environmental Quality Control. Key legislative debates referenced cases from the Hawaii Supreme Court, rulings involving United States Court of Appeals for the Ninth Circuit, and comparative statutes such as California Environmental Quality Act.
The statute requires preparation of an Environmental Assessment (EA) to determine whether a project warrants an Environmental Impact Statement (EIS). It sets thresholds for exempt actions, lists factors for evaluating impacts on cultural resources associated with Native Hawaiian practices, and directs coordination with agencies like United States Fish and Wildlife Service and National Park Service. The law prescribes public notice requirements involving newspapers such as the Honolulu Star-Advertiser and public comment periods that engage stakeholders including Office of Hawaiian Affairs and county planning commissions. It also defines appeals and judicial review routes through the Hawaii State Judiciary.
The process begins with an EA prepared by a lead agency, which may be the Hawaiʻi Department of Transportation, Hawaiʻi Housing Finance and Development Corporation, or county planning departments for developments in places like Kakaʻako and Waikīkī. If significant impacts are likely, an EIS is prepared with scopes that address marine issues involving Hawaiian Islands Humpback Whale National Marine Sanctuary and land issues involving ʻāina stewardship at sites such as Mauna Kea. The Office of Environmental Quality Control maintains notice records and coordinates with federal partners including Department of the Interior (United States). Public hearings involve community groups like Hawaiian Civic Clubs and university researchers from University of Hawaiʻi at Hilo.
Implementation falls to lead agencies and enforcement is pursued through administrative action and litigation in state courts. Agencies like Hawaiʻi Department of Health enforce mitigation measures, while oversight may involve Hawaii State Auditor reviews and legislative inquiries by committees of the Hawaii State Legislature. Remedies include injunctions, mitigation requirements, and plan revisions. Important enforcement contexts have included permitting actions by the Hawaii Department of Transportation and land disposition overseen by the Department of Land and Natural Resources (Hawaii).
The Act has shaped review of high-profile projects such as the H-3 Freeway, expansions at Daniel K. Inouye International Airport, and resort developments in Wailea. Litigation interpreting the Act reached the Hawaii Supreme Court in cases involving Adrianne Kealoha-style community claims and controversies over Mauna Kea access and telescope construction. Federal-state coordination figured in disputes involving United States Army training lands and harbor projects at Kawaihae Harbor. Courts including the United States District Court for the District of Hawaii and the Ninth Circuit Court of Appeals have addressed preemption and procedural compliance questions.
Critics from advocacy organizations like Earthjustice and community groups allege inconsistent application by county agencies including County of Honolulu Department of Planning and Permitting and slow timelines for EIS completion, citing impacts on cultural practices defended by Kānaka Maoli activists. Reform proposals have involved legislators, recommendations from the State Commission on Water Resource Management, and academic studies from University of Hawaiʻi at Mānoa suggesting clearer thresholds, improved cumulative impact analysis, and enhanced participation mechanisms for stakeholders such as Office of Hawaiian Affairs. Legislative amendments and administrative rule updates continue to shape the statute's effectiveness.
Category:Law of Hawaii Category:Environmental law