§343-1 Findings and purpose. The
legislature finds that the quality of humanity's environment is critical to
humanity's well being, that humanity's activities have broad and profound
effects upon the interrelations of all components of the environment, and that
an environmental review process will integrate the review of environmental
concerns with existing planning processes of the State and counties and alert
decision makers to significant environmental effects which may result from the
implementation of certain actions. The legislature further finds that the
process of reviewing environmental effects is desirable because environmental
consciousness is enhanced, cooperation and coordination are encouraged, and
public participation during the review process benefits all parties involved
and society as a whole.
It is the purpose of this chapter to establish
a system of environmental review which will ensure that environmental concerns
are given appropriate consideration in decision making along with economic and
technical considerations. [L 1979, c 197, §1(1); am L 1983, c 140, §4]
Law Journals and Reviews
Ho`okahe Wai: An Analysis of a Proposed Exemption from Hawai`i's
Water Leasing Process for Kalo Farming and Consistency with Hawai`i's Public
Trust Doctrine. 44 UH L. Rev. 145 (2022).
Case Notes
Cited: 134 H. 86 (App.), 332 P.3d 688 (2014).
Notes of Decisions
Nuuanu Valley Ass'n v. City & Cnty. of Honolulu, 194 P.3d 531 (Haw. 2008).
· cites it 24× “HEPA's purpose is expressed through HRS § 343-1 (1993), as follows: The legislature finds that the quality of humanity's environment is critical to humanity's well being, that humanity's activities have broad and profound effects upon the interrelations of all components of the…”
Unite Here! Local 5 v. City & Cnty. of Honolulu, 231 P.3d 423 (Haw. 2010).
· cites it 34× “3d at 1285 (citing HRS § 343-1 (1993))and concluded that "[a] proposed project can become `an essentially different action' in terms of its environmental impacts due to changed circumstances surrounding the project or the discovery of new information, even if the project's…”
Umberger v. Dep't of Land & Nat. Resources., 403 P.3d 277 (Haw. 2017).
· cites it 12× “HEPA’s Purpose and Structure Support the Plain-Language Construction of the Word “Action” Our interpretation of “action,” together with our conclusion that aquarium collection under HRS § 188-31 and DLNR’s administrative rules constitutes a HEPA “action,” is confirmed by the…”
Sierra Club v. Dep't of Transp., 167 P.3d 292 (Haw. 2007).
· cites it 8× “The legislature ex *327 plained that HEPA provides an “environmental review process [that] will integrate the review of environmental concerns with existing planning processes of the State and counties and alert decision makers to significant environmental effects which may…”
Sierra Club v. Hawaii Tourism Auth., 59 P.3d 877 (Haw. 2002).
· cites it 9× “3d at 911-12 (citing HRS §§ 343-1, -2, -5(a), and -7(a)), and the Hawaii Constitution, see dissenting opinion at 276, 59 P.”
Sierra Club v. Off. of Plan., State, 126 P.3d 1098 (Haw. 2006).
· cites it 6× “Overview of the Environmental Review Process HRS § 343-1 (1993) states the purpose of HEPA: *415 The legislature finds that the quality of humanity’s environment is critical to humanity’s well being, that humanity’s activities have broad and profound effects upon the…”
Unite Here! Local 5 v. City & Cnty. of Honolulu, 209 P.3d 1271 (Haw. App. 2009).
· cites it 12× “It is the purpose of this chapter to establish a system of environmental review which will ensure that environmental concerns are given appropriate consideration in decision making along with economic and technical considerations.”
McGlone v. Inaba, 636 P.2d 158 (Haw. 1981).
· cites it 10× ““Significant effect”, under HRS § 343-1(8) 9 means: . . . the sum of those effects that affect the quality of the *35 environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the State’s…”
Molokai Homesteaders Coop. Ass'n v. Cobb, 629 P.2d 1134 (Haw. 1981).
· cites it 6× “…actions in certain defined situations and areas. HRS § 343-5(a) (formerly § 343-4(a)); HRS § 343-2(2) (formerly § 343-1(2)); W. Rodgers, supra, § 7.11, at 811-12. Nevertheless, the prescribed role of the EIS in the state environmental protection scheme is informational.…”
Kia'i Wai O Wai'Ale'Ale v. Dep't of Water, Cnty. of Kaua'i., 517 P.3d 725 (Haw. 2022).
· cites it 6× “” HRS § 343-1 (2010). To facilitate informed decision- making, an EA must be prepared “at the earliest practicable time to determine whether an environmental impact statement shall be required .”
Kilakila 'O Haleakala v. Univ. of Hawaii., 382 P.3d 176 (Haw. 2016).
· cites it 4× “Hawai'i Environmental Policy Act The Hawai'i Environmental Policy Act of 1974 (HEPA), Chapter 343 of the Hawai'i Revised Statutes (HRS), establishes “a system of environmental review which will ensure that environmental concerns are given appropriate consideration in decision…”
— Haw. Rev. Stat. § 343-1(1) — 1 case
— Haw. Rev. Stat. § 343-1(2) — 2 cases
Molokai Homesteaders Coop. Ass'n v. Cobb, 629 P.2d 1134 (Haw. 1981).
“…actions in certain defined situations and areas. HRS § 343-5(a) (formerly § 343-4(a)); HRS § 343-2(2) (formerly § 343-1(2)); W. Rodgers, supra, § 7.11, at 811-12. Nevertheless, the prescribed role of the EIS in the state environmental protection scheme is informational.…”
— Haw. Rev. Stat. § 343-1(3) — 1 case
— Haw. Rev. Stat. § 343-1(6) — 3 cases
Molokai Homesteaders Coop. Ass'n v. Cobb, 629 P.2d 1134 (Haw. 1981).
“…actions in certain defined situations and areas. HRS § 343-5(a) (formerly § 343-4(a)); HRS § 343-2(2) (formerly § 343-1(2)); W. Rodgers, supra, § 7.11, at 811-12. Nevertheless, the prescribed role of the EIS in the state environmental protection scheme is informational.…”
— Haw. Rev. Stat. § 343-1(8) — 3 cases
McGlone v. Inaba, 636 P.2d 158 (Haw. 1981).
““Significant effect”, under HRS § 343-1(8) 9 means: . . . the sum of those effects that affect the quality of the *35 environment, including actions that irrevocably commit a natural resource, curtail the range of beneficial uses of the environment, are contrary to the State’s…”
Molokai Homesteaders Coop. Ass'n v. Cobb, 629 P.2d 1134 (Haw. 1981).
“…actions in certain defined situations and areas. HRS § 343-5(a) (formerly § 343-4(a)); HRS § 343-2(2) (formerly § 343-1(2)); W. Rodgers, supra, § 7.11, at 811-12. Nevertheless, the prescribed role of the EIS in the state environmental protection scheme is informational.…”
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