The Environmental Law Program welcomed alumni Lance Collins ’04 and Bianca Isaki ’13 for the first event of the Spring 2019 semester.  Held on Wednesday, January 23rd, the event was featured Collins’ and Isaki’s experience litigating in Hawaiʻi’s Environmental Courts.

As one of only two states in the nation with such specialized courts, Hawaiʻi’s Environmental Courts were “established by Act 218, Session Laws of Hawaii 2014” and have “broad jurisdiction, covering water, forests, streams, beaches, air, and mountains, along with terrestrial and marine life.”[1]  Collins shared that the specialized training obtained by Environmental Court judges helps ensure consistency in environmental cases.  

Ms. Isaki sought to frame the presentation with a short talk on settler environmentalism, Hawaiʻi’s Public Trust, and decolonization.  She argued that “decolonizing conservation requires also addressing conservation as a colonial practice that maintains Native lands in settler hands.” Ms. Isaki drew attention to the legal landscape for protecting Hawaiʻi’s public natural and cultural resources, including Native Hawaiian traditional and customary Hawaiian practices in particular. The environmental plaintiffs work undertaken by Isaki and Collins focuses on holding accountable state agencies that are tasked with protecting and maintaining public trust resources.

Turning to specific cases, Collins and Isaki shared backstories for many of their legal battles.  They filed their first case on behalf of a citizens group called “Stop Cane Burning” day after the Environmental Court officially opened on July 2, 2015.  Less than a year letter, they reached a settlement with the State Department of Health and the parent company of Hawai’i’s last sugar plantation (represented by another ELP alumnus).  Collins and Isaki emphasized the importance of public involvement in raising awareness about environmental issues; as a result, their work extends beyond the courtroom and into communities.

The conversation provided real-world advice for law students, along with strategies and insight relating to the on-going development of Hawaiʻi’s environmental legal framework.  William S. Richardson School of Law graduates are taking full advantage of Hawaiʻi’s unique Environmental Courts.  The Environmental Law Program hopes that other graduates will consider taking the time to share their side of the story with our students as well as of other community members at future ELP colloquia events. 

Mahalo to our presenters, Lance Collins and Bianca Isaki, and all who were able to join us!

[1]Hawaiʻi State Judiciary. http://www.courts.state.hi.us/special_projects/environmental_court.

UTL 1/29/19