A workshop was held from June 22-24, 2015 at Hilo, Hawaii on the National Environmental Policy Act.
Discussions covered the following materials:
- The National Environmental Policy Act
- The Hawaii Environmental Policy Act
- NEPA 101: History & Purpose of NEPA
- Making Your Case: Guide and Supplements
- The Law of Alternatives
- Where’s the Rest of NEPA: Mitigation & Monitoring
- Ho’ohana Aku, a Ho’ōla Aku: A Legal Primer for Traditional and Customary Rights in Hawai’i
- Rock of the Earth
- Granite Mountain Wind – Comment Letter Example
- Standing Declaration – Example
- Hells Gulch Complaint – Example
- BLM Letter
- Traditional Cultural Landscape
- Native American Traditional Cultural Landscapes Action Plan
- Climate Change Analysis Under NEPA
- Defenders of Wildlife Report – NEPA and Climate Change Adaptation
The agenda for the program is shown below and can also be downloaded here.
Monday, June 22, 2015
- 8:00 am to 8:30 am
- Gathering – Continental Breakfast to be Served
- 8:30 am to 8:45 am
- Welcome, purpose of the workshop, and introductions
- 8:45 am to 9:30 am
- NEPA & HEPA 101 – Dinah Bear & (TBD – Dave, Paul, or Denise?)
- Purpose of NEPA & Nuts and Bolts of the NEPA & HEPA Process
- Bring “History & Purpose of NEPA”; Additional Material – “Granite Wind Comment Letter”
- 9:30 am to 10:00 am
- Break Out Conversations – Sharing of Personal Successes and Frustrations in NEPA & HEPA Process
- 10:00 am to 11:00 am
- Programmatic EISs – Sharon Buccino
- Overview and discussion of PEISs, tiering, and implementation
- Examples: Fishery Management Plans (NOAA/Fishery Mgt. Councils); Hawaii Clean Energy Programmatic EIS
- 11:15 am to 11:30 am
- Break
- 11:30 am to 12:15 pm
- NEPA Successes, Introduction to Alternatives, and Case Law – Dinah Bear
- Bring “Law of Alternatives”; Additional Material – “Rock of the Earth”
Examples: Superferry (HEPA); Southern California-Hawai’I Training & Testing
- 12:15 pm to 1:15 pm
- Lunch – to be provided
- 1:15 pm to 2:00 pm
- Putting Together Community Alternatives – Mary O’Brien
- 2:00 pm to 3:00 pm
- Break Out Session – Class Exercise
- Break into four work groups to share & discuss opportunities/challenges to developing alternatives for issues participant organizations have faced or are currently facing
- 3:00 pm to 3:15 pm
- Break
- 3:15 pm to 5:00 pm
- Reconvene as Full Group for Discussion
- Discussion of major opportunities to develop alternatives and response to challenges & issues raised in the work groups (Dinah, Sharon, Mary)
- 7:30 pm
- Dinner at Café Pesto with Local Guest Speaker
Tuesday, June 23, 2015
- 8:00 am to 8:30 am
- Gathering – Continental Breakfast to be Served
- 8:30 am to 9:00 am
- Where’s the Rest of NEPA? Monitoring & Mitigation Issues – Mary O’Brien & Dinah Bear
- Bring “Where’s the Rest of NEPA: Monitoring & Mitigation”
- 9:00 am to 9:30 am
- NEPA/HEPA and Protected Species – Sharon Buccino
- Additional Material: “BLM Mitigation Guidance”
- Examples: Monk Seals, Newell’s Shearwater
- 9:30 am to 10:00 am
- Group Discussion of Mitigation/ Monitoring/ Wildlife Protection Issues
- 10:00 am to 10:30 am
- Break
- 10:30 am to 11:15 am
- Introduction to NEPA/APA Litigation – Sharon Buccino
- Bring “Making Your Case” & “Making Your Case: Supplement”
- 11:15 am to 12:00 pm
- Practice Points: Litigating NEPA Cases Under the APA – Sharon Buccino
- Case Examples from Hawaii
- 12:00 pm to 1:00 pm
- Lunch – to be provided
- 1:00 pm to 2:00 pm
- Using NEPA to Address Native Hawiian Concerns – Facilitated Discussion
- Additional Material/Examples: “Native American Traditional Cultural Landscapes Action Plan,” “Traditional Cultural Landscape,” Resort development, National Science Foundation funded telescopes
- 2:00 pm to 2:30 pm
- Climate Change Analysis Under NEPA – Dinah Bear
- Bring “Climate Change Analysis Under NEPA”
- 2:30 pm to 3:15 pm
- Break Out Session – Small Group Discussions of:
- Option 1 – Addressing Climate Change Through NEPA, or
- Option 2 – Native Hawaiian Concerns and NEPA
- Break Out Session – Small Group Discussions of:
- 3:15 pm to 3:30 pm
- Break
- 3:30 pm to 4:30 pm
- NEPA Under Siege – Legislating NEPA Away & Wrap Up Discussion – Stephen Schima
Wednesday, June 24, 2015
- 8:30 am to 12:30 am
- Field Trip with Local Expert