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Environmental Law Guide: Hawaiʻi Environmental Policy Act (HEPA)

Hawaiʻi Environmental Policy Act

The Hawaii Environmental Policy Act (“HEPA”) (Hawaii Revised Statutes Chapter 343), was enacted in the early 1970s. Broadly speaking, it requires individuals and agencies to provide environmental assessments and/or environmental impact statements when an action may affect the environment. 

HEPA Guidance + Recent Changes

HEPA involves a complex process of environmental review. The simplest way to understand the review process is via flow chart. 

Prior to July 21, 2021, the Office of Environmental Quality Control (OEQC) facilitated Hawaiʻi's environmental review process (commonly known as HEPA) pursuant to Chapter 343 of the Hawaiʻi Revised Statutes. Per Act 152 signed by the Governor on July 21, 2021, the OEQC has been renamed to "Environmental Review Program" (ERP) within the Office of Planning and Sustainable Development. 

The office announces the availability of environmental assessments (EAs) and environmental impact statements (EISs) for public review and comment in its semi-monthly publication, The Environmental Notice. Please click that link and navigate to the most recent issue to find notifications of open public comment periods for pending EAs and EISs, as well as summaries of proposed actions and details of upcoming EIS public scoping meetings.  OEQC staff also review and comment on these documents and provide assistance throughout the environmental review process.

The current rules for the HEPA process, HAR Chapter 11-200.1, have been in effect since Aug. 9, 2019, after Governor Ige signed them on July 30, 2019.  If you are interested in a discussion of the ideas and concepts behind the changes from the repealed HAR Chapter 11-200 to the recently adopted HAR Chapter 11-200.1, please review the Version 2.0 Rationale document here: http://oeqc2.doh.hawaii.gov/Laws/v2.0-Proposed-HAR-11-200.1-Rules-Rationale_Final.pdf  If you would like details on the actual changes, please review the unofficial Ramseyer version in Appendix 2 of the Rationale document here: http://oeqc2.doh.hawaii.gov/Laws/v2.0-Proposed-HAR-11-200.1-Rules-Rationale-App-2-Ramseyer-Unofficial_96-2.0.pdf

Online Library of Hawaiʻi EAs and EISs

Looking for a specific Hawaiʻi-based EA or EIS?

Browse the Office of Planning and Sustainable Development's (formerly OEQC) online library of draft and final environmental assessments and environmental impact statements, as well as withdrawals, acceptances, and supplemental determinations. 

Be aware that the library is composed of three sections, that relate to three different rules that governed the process over time: pre–1996, 1996–2019, 2019–present.

Important terminology to keep in mind while browsing the online library: 

EA = Environmental Assessment 

DEA = Draft Environmental Assessment

DEIS = Draft Environmental Impact Statement

FEIS = Final Environmental Impact Statement

RFEIS = Revised Final Environmental Impact Statement

HEPA & The Judiciary

Hawaii's Environmental Courts hear both civil and criminal cases. Numerous chapters of the Hawaii Revised Statutes (“HRS”) are within the exclusive, original jurisdiction of the Environmental Courts. Just a partial listing includes:

Overview