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Home My WebLink AboutCOM 0538.001 2014-2016 +<v q:h �' Phone: (808) 323-4277 Maile Medeiros David :/<P,:'•'�,� .,•. I" Fax: (808) 329-4786 Council District 6 �nn� "". — Portion N. S. Kona/Ka`u/Volcano : +i 4 k',!�' et:. Email: maile.david@hawaiicounty.gov W: HAW Al`I COUNTY COUNCIL County of Hawai`i West Hawaii Civic Center, Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'1 96740 r-, MEMORANDUM w DATE: November 13, 2015 -0 TO: Dru Mamo Kanuha, Council Chair w -- And Members of the Hawai`i County Council o = FROM: -4.F Maile David, Council Member Council District 6 SUBJECT: PowerPoint Presentation by Associate Justice Michael D. Wilson Attached please find the PowerPoint Presentation that Justice Michael D. Wilson will deliver on Tuesday, November 17, 2015 before the Committee on Government Relations and Economic Development. If you have any questions, please do not hesitate to contact me. Mahalo a nui loa. MD/dmm Att. cc: Laura Murashige, Executive Assistant to the Chair Donna Goodenow, Council Services Comm. No. S 3Z(, ! Ref. To: 1'/CifZC.- Serving the Interests of the People of Our Island Rif. Jato NOV 1 7 215 Hawaii County Is an Equal Opportunity Provider And Employer Hawaii's Environmental Court COMMUNITY SEEKS HELP FROM THE JUDICIARY 4r 11 P bra 1 5 JLI Kawela Bay -------------------- 0 Kawainui Marsh -------------------------------- 0 -------------------------------- Community Seeks Help from the Judiciary (5 D L o 4mue�smioummuwui ;:=�unNounu�uimn�� / o a '� � / umwinepixmxuwinnu� � � Q rj ------------------------------------------------------------------- 0 "A small body of fired by an „p(,jlppol,Ahle in their mission can alter the course of history." -Mahatma Gandhi Jan Dapitan, Keep the Hawaiian Islands ------------------------------------------------------------------------- f--% 111�tz� ----------------------------- Beautiful `Iao Aquifer, Maui Data has shown that water Levels in the `Iao Aquifer have declined to nearly one-half of the predevelopment , chloride concentrations of the pumped water from at least two of the wells in the area has risen to levels above the U.S. Environmental Protection Agency's secondary drinking water guideline of 250 milligrams per liter, and the transition zone of the freshwater lens has risen from about 823 feet in 1985 to 667 feet in 2007. Pearl Harbor Aquifer Water Sustainable Yield 1 1 1 1 F Table 1 I , ,- — Ocean Mean Sea Levu - - - - - Capri mikes Freshwater Lens . Sar The Pearl Harbor Aquifer is the most important aquifer on the island of Oahu and currently supplies about loo million gallons per day of fresh groundwater mainly for public supply. Groundwater head levels in Pearl Harbor, which supplies 6o percent of O`ahu's municipal water, . Decisions related to future infrastructure development and alternate sources of fresh water, including , will depend on the long-term sustainability of the groundwater resources in the Pearl Harbor aquifer. of water pumped by some wells in the eastern part of the Pearl Harbor aquifer have in recent years. Hawaii's Watersheds Hawaii has already lost half of its natural forest cover. Forested lands are our islands' primary watersheds. Sea Level Rise "[T]he unfortunate fact ofglobal warmingand the sea level rising is that our beaches on Waikiki continue to erode on a regular basis.... Waikiki Beach is one of the most famous beaches in the world.... Without the beach we wouldn't be where we are today. It brings in billions in revenues, and it's what keeps tourists coming back year after year. But it's not dust for the tourists. About 30,00o people live in Waikiki, and they enjoy going to the beach, too." -Kirk Caldwell The Environmental Court d '� wuwmmwum�uiw�n y v o -�00000v� "The life of the land is perpetuated in righteousness." Hawaii's Constitution -------------------------------------------------------------------------------- 0 Article XI, Section 1. For the benefit of present and future generations, the State and its political subdivisions shall Hawaii's natural beauty and all natural resourL,:,, includ.�-.� land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner c sistent with their furtherance of e self-sufficiency `_ conservation and in of the State. "Hawaii's natural beau ty" Hawaii's Constitution Article XI, Section 9. Each person has the right to a clean and healthful environment, as defindd by laws relating to environmental quality, including cont)bl of pollution and conservation, protection and enhanc ent of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal ceedings, subject to reasonable limitations and regulation as p1tvi6d d by law. "right to a clean and healthful environment " Hawaii's Constitution Article XII, Section 7. The State reaffirms and shall protect " iUbts, customarily anci traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua`a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. Community Seeks Help from the Judiciary (5 D L o 4mue�smioummuwui ;:=�unNounu�uimn�� / o a '� � / umwinepixmxuwinnu� � � Q THE SENATE TWENTY•SEVENTH LEGISLATURE, 2013 S. B. NO. V 2 STATE OF HAWAII H, D. I C.D. I A BILL FOR AN ACT RELAT.NG 70 THE ENViRO*MTAL COURTS. I 14H 11 N,A V"1'1:11 IIl' "1111: 1.1"GIS1 %V RIE OF "1111: ST-VIT OF IIA"'VII: I SECTION 1. The legislature fir. _ 2 disputes are currently dealt with in a oturts. This 3 organ12ational structure inadvertently p:,.:o4tinconsistent 4 application of the wide variety of envir-&ntal laws, S The lel.islature also finds that continued maintenance 6 and irrprcvement of Hawaii's enviroi en- requires constant 7 vigilance and continued stewardship to ensure its lasting 8 beauty, cleanliness, uniquenes ,and the stability of its 9 natural systems, all of whiclenhance the mental and physical 10 well-being of Hawaii's peole. 11 The legislature furtkher finds that Hawaii's natural. 12 resources are comproained emery day resulting in numerous 13 violations of the law. An en:'i=anental court will better 14 ensure that the State upholds its constitutional obligation to 15 protect the public trust for the benefit of all beneficiaries. 16 The purpose of this Act is to promote ar.? 7:::-.ect Hawaii's 17 natural environment through consistent and ur.:i•:.rc application 18 of environmental laws by establishing enviroi-e.ntal courts. 2014-2273 SR632 CD1 SMA-2.doc ... Hawaii's natural resources are compromised every day resulting in numerous violations of the law. An environmental court will better ensure that the State upholds its constitutional obligation to protect the public trust for the benefit of all beneficiaries. The purpose of this Act is to promote and protect Hawaii's natural environment through consistent and uniform application of environmental laws by establishing environmental courts. pap 3 S. B. NO, C . I temporarily assign an enviro-vental court judge to preside in 2 another circuit when the chief justice determines that the 3 urgency of one or more cases in the circuit court or district , 4 court or the volume of the Cates in the circuit court or , S district court so 6 1 -2 Jurisdiction. eel The envirorurenta�urts shall 7 have. -.—.asive, oriu:nal jurisdiction over all,,&oceedings, i including judicial review of administrativ roceedirgs and 9 proceedings for declaratory judgment oalidi[y of agency 10 rules authorized under chapter 91, rising under chapters 6D, 11 6e, 6K, 128D, 339, 339D, 340A, 3413428, 342C, 342D, 342E, 12 342P, 3420, 342H, 342I, 342J, 3AI, 342P, 343, and 50?C. ana 13 title 12, provided that upon Ale motion of a party or sue :;von,e 14 by the chief justice, the it justice may assign to the 15 environmental courts issues before the courts when the chief 16 justice determines that due to their subject matter the 17 assignment is required to ensure the uniform application of 18 anvironraentel laws throughout the State or to otherwise 19 effectuate the purpe::e of this chapter. 20 Ib) In any case in which it has jurisdiction, the 21 environmental courts shall exercise general equity powers as 22 authorized by law. Nothing in this chapter shall be construed °l: ,,,a !��I. C:. C!.,r. .doc iunrimi(iiNDNINII0,1 The environmental courts shall have exclusive, original jurisdiction over all proceedings ... provided that upon the motion of a party or sua sponte by the chief justice, the chief_iustice ma,T�gn to the environmental courts issues before the courts when the chief justice determines that due to their subject matter the assignment is required to ensure the uniform application of environmental laws throughout the State or to otherwise effectuate the purpose of this chapter. The Environmental Court Both civil and criminal cases will be heard by the Environmental Courts 6o chapters of the Hawaii Revised Statutes are covered by Act 218 and the Environmental Courts: Chapter 34oE: Safe Drinking Water Chapter 342B: Air Pollution Control Chapter 342D: Water Pollution Chapter 324D: Solid Waste Management Chapter 6D: Protection of Caves Chapter 6E: Historic Preservation Chapter 171: Management and Disposition of Public Lands Chapter 174: Water and Land Development Chapter 184: State Parks and Recreation Areas Chapter 183: Forest Reserves, Water Development, Zoning Chapter 194: Invasive Species Council Chapter 195: Natural Area Reserves System Chapter 195: Natural Area Reserves System Chapter 195D: Conservation of Aquatic Life, Wildlife, and Land Plants Chapter 196: Energy Resources Chapter 196D: Geothermal Cable System Development Chapter 199: Conservation and Resources Enforcement Program Chapter 183C: Conservation District Chapter 183D: Wildlife Chapter 188: Fishing Rights and Regulations Chapter 183B: Hawaiian Fishponds Chapter 189: Commercial Fishing Chapter 343: Environmental Impact Statements Slide courtesy of Judge Ibarra The Environmental Court Cases heard in Environmental Court, July i through August is First Circuit (O'ahu) — 76 cases Second Circuit (Maui County) — i2 cases Third Circuit (Hawai'i County) — 13 cases Fifth Circuit (Kaua'i) — 18 cases Statewide Total — 119 cases International Support for Hawaii's Environmental Court India Justice Swatanter Kumar India Green Tribunal Speaking at the Hawaii Environmental Court Symposium Justice Antonio Benjamin Supreme Court of Brazil Australia Justice Brian John Preston Land and Environmental Court of New South wales Judge Michael Rackemann Planning and Environment Court, Queensland University of Hawaii Law School Dean Aviam Soifer Asst. Dean Denise Antolini Hawaii's Attorneys/Kahu of the Environmental Court ----------------------------------------------------- IIISI-:� ----------------------------------------------------- Chief Justice Mark Recktenwald Mahalo! _... a„ ._ �_�_ . - - _