Report Title:

Environmental Court

 

Description:

Establishes environmental courts as divisions within the circuit court to handle complaints, administrative appeals, and other judicial proceedings of an environmental nature.

 


THE SENATE

S.B. NO.

1051

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 promote 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 that term is 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.  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, to matters within the scope of this chapter.

     §   ‑3  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.  Notwithstanding any law to the contrary, 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 whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question."

     SECTION 5.  The judiciary shall conduct a study of to determine the number of environmental-related cases filed in each of the past five years.  The judiciary shall report findings to the legislature no later than twenty days prior to the convening of the regular session of 2008.

     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, 2008; provided that section 5 shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________