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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
158 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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RESOLUTION
REQUESTING THE JUDICIARY TO STUDY THE FEASIBILITY OF ESTABLISHING ENVIRONMENTAL COURTS IN THE STATE OF HAWAII.
WHEREAS, 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; and
WHEREAS, currently, environmental disputes in Hawaii are dealt with in a variety of courts, thus increasing the risk of inconsistent application of diverse and complex environmental laws; and
WHEREAS, the preservation and protection of Hawaii's natural environment through the consistent and uniform application of environmental laws may be accomplished by establishing environmental courts to hear cases and preside over administrative proceedings relating to environmental law; and
WHEREAS, proposals to establish environmental courts in Hawaii have proposed environmental courts as divisions of the circuit courts of the State, exercising general equity powers as authorized by law, with jurisdiction over all actions and violations, appeals of contested cases, and any other administrative proceedings authorized by chapter 91, Hawaii Revised Statutes, 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, Hawaii Revised Statutes; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the Senate concurring, that the Judiciary is requested to study the feasibility of establishing an environmental court in each circuit of the State of Hawaii; and
BE IT FURTHER RESOLVED that the Judiciary is requested to include the following in its study:
(1) An analysis of whether the establishment of the environmental courts is advisable, and, if so:
(A) Findings and recommendations on how the environmental courts should be established, organized, and operated;
(B) Cost estimates for establishing and operating the environmental courts and an analysis addressing cost-effectiveness; and
(C) A proposed action plan for the establishment of the environmental courts, including proposed timetables and budgets; or
(2) If the Judiciary determines that establishing separate environmental courts is not advisable, a plan to ensure the consistent and uniform application of environmental laws under the present organizational structure of the courts; and
BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of its findings, analyses, proposed action plan, and recommendations, including proposed legislation, if any, to the Legislature not later than twenty days prior to the convening of the Regular Session of 2007; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Supreme Court of the State of Hawaii, the Administrative Director of the Courts, and the Chief Court Administrator of each of the circuit courts in the State.
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OFFERED BY: |
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Report Title:
Environmental Courts