Litigation
Water Rights
- Litigation, enforcement proceedings, permitting, mediation, and other matters relating to the Clean Water Act (CWA), NPDES permits, publicly owned treatment works (POTWs), sewage treatment plants, storm water discharges, wetlands, CWA section 404 dredge and fill permits, concentrated animal feeding operations (CAFOs), and related state laws (Hawai`i Revised Statutes Chapter 342D)
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Air and Water Pollution/Solid & Hazardous Waste Management
- Disputes involving contaminated soil, surface water and groundwater under the federal Comprehensive Environmental Response, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Hawai`i Environmental Response Law (HRS Chapter 128D), and the Hawai`i Underground Storage Tank Law (HRS Chapter 342L)
- Administrative enforcement proceedings
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Endangered species
- Federal Endangered Species Act, the Marine Mammal Protection Act, and related state laws (Hawai`i Revised Statutes, Chapter 195D)
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State and County Land Use & Development
- Issues relating to the Hawai`i Environmental Policy Act (HEPA), Hawai`i Revised Statutes, Chapter 343; the "Sunshine" Law or Open Meetings Law, Hawai`i Revised Statutes Chapter 92; and the Uniform Information Practices Act, Hawai`i Revised Statutes Chapter 92F
- Contested case hearings before state or county agencies and hearings officers
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Environmental Impact Statements and Assessments
- National Environmental Policy Act (NEPA), findings of no significant impact, and cumulative impacts
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Toxic Tort Litigation
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Insurance Coverage
- Recovering clean-up and defense costs from insurance companies
- Insurance bad-faith litigation
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Native Hawaiian Rights and Cultural Resources
- Disputes and claims involving Native Hawaiian rights and government programs benefiting Native Hawaiians, including disputes before the Hawai`i Supreme Court and United States Supreme Court
- National Historic Preservation Act (NHPA)
- State burial laws, Hawai`i Revised Statutes, Chapter 6E
- Native American Graves Repatriation Act (NAGPRA)
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Business Advice
Water Rights
- Water use permits, stream channel alteration permits, instream flow standards, designation of groundwater management areas, existing use permits, well installation permits, appurtenant rights, riparian and correlative uses; representing clients before the Commission on Water Resource Management
- Matters relating to County Boards of Water Supply and water allocation issues
- Rights and obligations under the Safe Drinking Water Act (SDWA)
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Air and Water Pollution/Solid & Hazardous Waste Management
- Compliance, permitting and enforcement issues under the Clean Air Act (CAA), the Solid Waste Disposal Act (SWDA), as amended by the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), the Oil Pollution Act of 1990 ("OPA 90") and related state laws.
- Environmental cost recovery and contribution actions
- Multi-party regional contamination investigations and voluntary working groups, including the Honolulu Harbor Working Group (also known as the Iwilei District Participating Parties)
- Insurance recovery for clean-up costs
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Endangered species
- Designation of critical habitat, safe harbor agreements, petitions for listing, habitat conservation plans, section 7 consultations, and incidental take (section 10) permits
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State and County Land Use & Development
- Land use district boundary amendments, and special permits; appearing before the State Land Use Commission
- Zoning, general and development plans, variances, zoning adjustments, special permits and representation before County Planning Commissions, County Councils, Zoning Boards of Appeals and Building Board of Appeals
- Compliance with federal Coastal Zone Management Act, shoreline development issues and related state laws (Hawai`i Coastal Zone Management Act, Hawai`i Revised Statutes Chapter 205A)
- Shoreline hardening, seawalls, piers, beach erosion and property protection measures
- Conservation district use permits, ocean leasing, and leases of State-owned lands before the State Board of Land and Natural Resources
- Issues relating to the Hawai`i Environmental Policy Act (HEPA), Hawai`i Revised Statutes, Chapter 343; the "Sunshine" Law or Open Meetings Law, Hawai`i Revised Statutes Chapter 92; and the Uniform Information Practices Act, Hawai`i Revised Statutes Chapter 92F
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Environmental Impact Statements and Assessments
- Compliance with National Environmental Policy Act (NEPA)
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Native Hawaiian Rights and Cultural Resources
- Access and the exercise of Native Hawaiian traditional and customary practices under Article XII, Section 7 of the Hawai`i Constitution (Public Access Shoreline Hawai`i or "PASH" rights, also known as the Kohanaiki decision)
- Facilitating community discourse and education regarding cultural resources law
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AHFI attorneys who practice in this area include:
Representative cases:
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