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Regulating ParadiseLand Use Controls in Hawai'i$
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David L. Callies

Print publication date: 2010

Print ISBN-13: 9780824834753

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824834753.001.0001

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Federalization of Land Use Control in Hawai‘i

Federalization of Land Use Control in Hawai‘i

Clean Air, Clean Water, Species Protection, and Environmental Impacts

Chapter:
(p.295) Chapter 9 Federalization of Land Use Control in Hawai‘i
Source:
Regulating Paradise
Author(s):

David L. Callies

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824834753.003.0009

This chapter discusses how the federal government injected itself into environmental law in a series of statutes passed in the 1970s. These new environmental laws with their significant land use implications were dubbed as “The Federalization of land use controls.” From a land use perspective, the most important of these laws are the Clean Air Act, the Clean Water Act, and the Endangered Species Act. In some instances, Hawaiʻi’s state environmental laws go even further. For example, as interpreted in a series of Hawaiʻi Supreme Court decisions, the Hawaiʻi Environmental Impact Statement (EIS) law has been so broadly construed that any land use project that so much as touches state land triggers a time-consuming, expensive EIS review.

Keywords:   federal government, environmental law, land use controls, Clean Air Act, Clean Water Act, Endangered Species Act, Hawaiʻi Environmental Impact Statement

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