Environmental court to open next week

Legal cases involving the environment will face a set cohort of justices, as Hawaii’s Environmental Court will begin hearing cases Wednesday.

The specialized court, established by the 2014 Legislature, will handle both civil and criminal issues.

Hawaii is the second state to have a statewide environmental court, said Hawaii Supreme Court Justice Michael Wilson, speaking at a symposium on the environmental court at the William S. Richardson School of Law at the University of Hawaii.

"It is only the second in the United States and the broadest in jurisdiction," Wilson said.

After initial appearances in court, cases relating to the environment will be placed on the Environmental Court calendar to be heard by one of the 22 designated judges in either district or circuit courts.

Parties can appeal rulings in respective district or circuit courts, following the designated procedure for all state cases.

All cases relating to water, forests, streams, beaches, air and mountains along with marine life will be heard by the court, Wilson said.

"If you imagine the resources — land, air and water — that gives you an idea of the general type of case that could come before the environment court," Wilson said.

The court’s focus will give justices the ability to understand the larger effect a ruling would have on the environment, said State Rep. Chris Lee (D, Kailua-Waimanalo).

"Whether it is protecting our sea cucumbers, protecting our fresh water supply from contamination or protecting our nearshore resources, it puts them in a court with judges who have a background in cases like this and, over time, can build that knowledge base," Lee said.

The court has no special staff outside of the justices.

The 22 judges will continue hearing other cases outside of environment-related cases.

The judges, chosen based on criteria such as availability and location, will get a "refresher" in issues relating to the decisions they make in the environmental court, Wilson said.

"They have been chosen by the chief justice with the idea that they will be able to make a commitment on their calendar to handling these issues," Wilson said. "The orientation that has been developed along with UH is a refresher on different types of laws that could be before the environmental court judges."