Report Title:

Environmental Court

 

Description:

Establishes environmental courts as divisions within the circuit courts to hear cases and preside over other administrative proceedings relating to environmental law.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

716

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to an environmental court.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1.  The legislature finds that environmental disputes are currently dealt with in a variety of courts.  This organizational structure inadvertently promotes inconsistent application of the wide variety of environmental laws.

The legislature also finds that the continued maintenance and improvement of Hawaii's environment requires constant vigilance and continued stewardship to ensure its lasting beauty, cleanliness, and uniqueness, and the stability of its natural systems, all of which enhance the mental and physical well-being of Hawaii's people.

     The purpose of this Act is to preserve and protect Hawaii's natural environment through consistent and uniform application of our environmental laws by establishing environmental courts to hear cases and preside over administrative proceedings relating to environmental law.

SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

ENVIRONMENTAL COURT

     §    -1  Environmental court; establishment.  To the full extent permitted by the state constitution and except as otherwise provided by law, environmental courts shall be created as divisions of the circuit courts of the State and shall not be deemed to be other courts as those terms are used in the state constitution.  An environmental court shall be held at the courthouse in each circuit, or other duly designated place, by the judge or judges of the respective environmental courts.  The chief justice of the supreme court shall designate an environmental judge or judges for each circuit, as may be necessary, from among the judges of each circuit.  In any circuit in which more than one judge is authorized to exercise jurisdiction as judge of the environmental court, the chief justice shall designate one of the judges as senior judge.  The chief justice may temporarily assign an environmental court judge to preside in another circuit when the urgency of one or more cases requires the chief justice to do so.

§    -2  Jurisdiction.  (a)  The environmental courts shall have jurisdiction over all actions and violations and shall hear appeals of contested cases and any other administrative proceedings authorized by chapter 91, arising under chapters 6D, 6E, 6K, 149A, 150A, 174C, 179D, 181, 182, 183, 183C, 183D, 184, 185, 187A, 188, 189, 190, 190D, 195, 195D, 197, 198, 198D, 200, 205, 205A, 269, 339, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, 342P, and 343.

(b)  In any case in which it has jurisdiction, the environmental court shall exercise general equity powers as authorized by law.  Nothing in this chapter shall be construed to limit the jurisdiction and authority of any circuit judge, designated as judge of the environmental court, over matters within the scope of this chapter.

     §    -3   Chief administrative officer; environmental commissioners.  (a)  For each environmental court, the judge, or the senior judge when there is more than one judge, shall appoint a chief administrative and executive officer who shall have the title of director of the environmental court.  Under the general supervision of the senior judge or the judge, the director shall:

     (1)  Prepare an annual budget for the court;

     (2)  Formulate procedures governing the routine administration of court services;

     (3)  Make recommendations to the court for improvement in court services;

     (4)  Make recommendations to the senior judge or the judge for the appointment of administrative, supervisory, consultant, and necessary professional, clerical, and other personnel to perform the duties assigned to the court and the director;

     (5)  Provide supervision and consultation to the administrative and supervisory staff regarding the administration of court services, recruitment of personnel, in-service training, and fiscal and office management; and

     (6)  Perform other duties as the senior judge or the judge shall specify.

(b)  The judges of each environmental court shall be assisted by environmental commissioners who shall be attorneys with expertise in environmental law, and familiarity with Hawaiian culture in relation to environmental issues.  The chief justice shall hire and at the chief justice's pleasure remove, environmental commissioners on a contractual basis without regard to chapters 76 and 77.

§    -4  Environmental court mediation program.  (a)  Except where the parties have participated in mediation under section 91-8.5, all actions, violations, and appeals of contested cases falling under this chapter shall be submitted to mediation before being heard by the environmental court.

(b)  The parties may jointly select a person to conduct the mediation.  If the parties are unable to jointly select a mediator, the environmental court shall select the mediator.  All costs of the mediation shall be borne equally by the parties unless otherwise agreed, ordered by the environmental court, or provided by law.

     (c)  No mediation statements or settlement offers shall be admitted into any subsequent court proceedings.

(d)  If any mediation under this section is not completed within two months from commencement, no further mediation shall be required unless agreed to by the parties.

§    -5  Rules.  The supreme court shall adopt rules regarding the administration, operation, and procedures of the environmental courts."

     SECTION 3.  Chapter 91, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§91-     Judicial review of environmental matters.  Judicial review of administrative proceedings arising under chapters 6D, 6E, 6K, 149A, 150A, 174C, 179D, 181, 182, 183, 183C, 183D, 184, 185, 187A, 188, 189, 190, 190D, 195, 195D, 197, 198, 198D, 200, 205, 205A, 269, 339, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, 342P, and 343 shall be heard by the environmental court."

     SECTION 4.  Section 91-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any interested person may obtain a judicial declaration as to the validity of an agency rule as provided in subsection (b) [herein] by bringing an action against the agency in the circuit court or, if applicable, the environmental court in accordance with section 91-   , of the county in which the petitioner resides or has its principal place of business.  The action may be maintained regardless of whether [or not] the petitioner has first requested the agency to pass upon the validity of the rule in question."

     SECTION 5.  Section 91-14, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Except as otherwise provided herein, proceedings for review shall be instituted in the circuit court or in the environmental court, as provided in section 91-   , within thirty days after the preliminary ruling or within thirty days after service of the certified copy of the final decision and order of the agency pursuant to rule of court, except where a statute provides for a direct appeal to the intermediate appellate court, subject to chapter 602.  In such cases, the appeal shall be treated in the same manner as an appeal from the circuit court to the intermediate appellate court, including payment of the fee prescribed by section 607-5 for filing the notice of appeal (except in cases appealed under sections 11-51 and 40-91).  The court in its discretion may permit other interested persons to intervene."

SECTION 6.  Chapters 6D, 6E, 6K, 149A, 150A, 174C, 179D, 181, 182, 183, 183C, 183D, 184, 185, 187A, 188, 189, 190, 190D, 195, 195D, 197, 198, 198D, 200, 205, 205A, 269, 339, 340B, 340E, 340F, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, 342P, and 343 of the Hawaii Revised Statutes are amended by substituting the term "environmental court", or like term, wherever the term "court", "district court", or "circuit court", or like term, appears, as the context requires.

     SECTION 7.  Matters pending in any state court as of the effective date of this Act may be transferred to the environmental court as the chief justice of the supreme court, in the chief justice's sole discretion, directs.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2007.

 

INTRODUCED BY:

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