ENVIRONMENTAL & CULTURAL RESOURCES

We provide advice, counseling and litigation representation in the following areas:

State and County Land Use & Development

• Advising clients on land use district boundary amendments, and special permits; appearing before the State Land Use Commission
• Assisting clients with zoning, general and development plans, variances, zoning adjustments, special permits and representing clients before County Planning Commissions, County Councils, Zoning Boards of Appeals and Building Board of Appeals
• Advising clients on 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)
• Advising clients regarding shoreline hardening, seawalls, piers, beach erosion and property protection measures
• Advising clients on conservation district use permits, ocean leasing, and leases of State-owned lands before the State Board of Land and Natural Resources
• Advising clients and litigating 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
• Representing clients in contested case hearings before state or county agencies and hearings officers

Endangered species

• Litigating and advising clients on matters relating to the federal Endangered Species Act, the Marine Mammal Protection Act, and related state laws (Hawai`i Revised Statutes, Chapter 195D)
• Advising clients regarding designation of critical habitat, safe harbor agreements, petitions for listing, habitat conservation plans, section 7 consultations, and incidental take (section 10) permits

Environmental Impact Statements and Assessments

• Advising clients on compliance and litigating issues regarding the National Environmental Policy Act (NEPA), environmental impact statements, environmental assessments, findings of no significant impact, and cumulative impacts
• Advising clients on related state laws, including HEPA, Hawai`i Revised statutes Chapter 343

Cultural Resources

• Representing clients, Native Hawaiian organizations, and governmental agencies in disputes involving cultural resources, Native Hawaiian rights, and government programs benefiting Native Hawaiians, including disputes before the Hawai`i Supreme Court and United States Supreme Court
• Facilitating community discourse and education regarding cultural resources law
• Litigating issues and counseling clients regarding the National Historic Preservation Act (NHPA)
• Advising clients on compliance with and claims under state burial laws, Hawai`i Revised Statutes, Chapter 6E
• Counseling clients on compliance with Native American Graves Repatriation Act (NAGPRA)
• Advising clients on 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)

Air and Water Pollution/Solid & Hazardous Waste Management

• Advising industrial and commercial clients on 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
• Representing clients in matters in disputes involving contaminated soil, surface water and groundwater under the federal Comprehensive Environmental Response, 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)
• Litigating on behalf of clients in environmental cost recovery and contribution actions
• Representing clients in multi-party regional contamination investigations and voluntary working groups, including the Honolulu Harbor Working Group (also known as the Iwilei District Participating Parties)
• Defending clients in administrative enforcement proceedings
• Representing clients in obtaining insurance recovery for clean-up costs

Lobbying/Government Affairs

• Lobbying federal congressional delegation, state Legislature, and county governments
• Drafting legislation
• Drafting proposed rules and regulations
• Serving as a government liaison for complex multi-agency and multi-government matters

Toxic Tort Litigation

Water Rights

• Assisting clients with safe 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
• Representing clients (including landowners and community groups) in litigation, enforcement proceedings, permitting, mediation, and other matters relating to the Clean Water Act (CWA), NPDES permits, public 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)
• Advising clients on matters relating to County Boards of Water Supply and water allocation issues
• Advising clients of rights and obligations under the Safe Drinking Water Act (SDWA)

Insurance Coverage

• Recovering clean-up and defense costs from insurance companies
• Representing clients in insurance bad-faith litigation

AHFI attorneys who focus in this area of practice are: