HOUSE OF REPRESENTATIVES

H.C.R. NO.

209

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

requesting the Hawaii State Judiciary to establish and convene an environmental court task force to design an appropriate court system for adjudicating violations of laws established to protect Hawaii's environment, natural resources, and public health.

 

 


     WHEREAS, constant vigilance and stewardship is necessary to maintain the stability of the environment's natural systems and to ensure its lasting beauty, cleanliness, and uniqueness, all of which enhance the mental and physical well-being of Hawaii's people; and

 

     WHEREAS, environmental disputes are currently addressed in a variety of legal and administrative fora, which fosters confusion, undermines compliance, fuels further litigation, and inadvertently promotes inefficiency and inconsistent application of complex and interconnected environmental laws; and

 

     WHEREAS, environmental statutes and rules are very technical and require considerable study before decision-makers are knowledgeable enough to rule in these cases; and

 

     WHEREAS, consistent application of environmental laws plays a critical role in the management and protection of Hawaii's natural and cultural resources; and

 

     WHEREAS, consolidating environmental and natural resource law cases in one court with expert adjudicators would facilitate the timely, fair, and equitable disposition of these cases; and

 

     WHEREAS, establishing an appropriate court system to adjudicate violations of the State's environmental laws would help improve enforcement of these laws, enhance reliability in the interpretation of and compliance with these laws, and result in a cleaner environment and better public health for all of Hawaii's residents; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the Senate concurring, that the Hawaii State Judiciary, in partnership with the Department of Health and the Department of Land and Natural Resources, is requested to establish and convene an environmental court task force to design an appropriate court system for adjudicating violations of laws established to protect Hawaii's environment, natural resources, and public health; and

 

     BE IT FURTHER RESOLVED that the Hawaii State Judiciary is requested to invite the following parties to serve as members of the environmental court task force:

 

     (1)  Representatives from the University of Hawaii William S. Richardson School of Law;

 

     (2)  A representative from The Outdoor Circle;

 

     (3)  A representative from Keep the Hawaiian Islands Beautiful; and

 

     (4)  Any other parties that the Hawaii State Judiciary deems prudent; and

 

     BE IT FURTHER RESOLVED the Hawaii State Judiciary is requested to submit a report of the environmental court task force's findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2015; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Supreme Court, Administrative Director of the Courts, Director of Health, Chairperson of the Board of Land and Natural Resources, Dean of the University of Hawaii William S. Richardson School of Law, Executive Director of The Outdoor Circle, and President of Keep the Hawaiian Islands Beautiful.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Environmental Court Task Force