Law Seminars International Presents

A Nuts-and-Bolts Workshop on

NEPA & Hawai'i EIS Law

New developments in the field and changes in the law

August 27, 2007
Ala Moana Hotel in Honolulu, HI
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Who Should Attend

Legal advisors, environmental professionals and government representatives

Why Attend

This workshop will cover the entire range of Hawai'i EIS Law/NEPA compliance processes, from projects that trigger review and exemption determinations through the preparation notice, environmental assessment, FONSI, EIS and judicial review. In recognition of the interdisciplinary nature of Hawaii EIS Law/NEPA compliance teams, the respective roles of lawyers, environmental professionals and governmental officials will be a pervasive theme, as will similarities and differences between Hawaii EIS Law and NEPA. The program will offer a nuts-and-bolts approach to compliance with the law and will be oriented to new developments in the field and changes in the law, including environmental justice initiatives and recent litigation. --Program Co-Chair Lisa Woods Munger, Esq.

What You Will Learn

~ Relationship of Hawaii's EIS law to NEPA ~ Preparation of environmental assessments and environmental impact statements ~ Hawaii's environmental justice initiative ~ Archaeological and cultural impact assessments ~ Recent cases and developments in Hawai'i and the Ninth Circuit ~ Cummulative effects analysis ~ Procedural requirements in NEPA/HEPA litigation ~ Building a winning record

What Attendees Have Said About Similar Programs

~ wonderful; good overview ~ good choice of topics and speakers ~ practical, on point and applicable. ~ all presentations as to content were excellent ~ very informative seminar ~ presenters very knowledgeable about particular subject matter ~ overall workshop was helpful to prepare more defensible EA/EIS

Agenda

Monday, August 27, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Lisa Woods Munger, Esq., Program Chair
Goodsill Anderson Quinn & Stifel LLP / Honolulu, HI
8:45 am Overview of Hawaii's EIS Law
  Relationship with the federal law; actions subject to Hawaii's law; exemptions; preparation of an environmental assessment and draft and final impact statements; content requirements; significance criteria; citizen's suits; appeals and judicial review
  Lisa Woods Munger, Esq., Program Chair
Goodsill Anderson Quinn & Stifel LLP / Honolulu, HI
10:00 am Break
10:15 am Hawaii's State Environmental Council and New Environmental Justice Initiative
  Historic overview of the council, update on rules and implementation of the Environmental Justice Initiative, legal foundations and analysis
  Gail L. Grabowsky, Ph.D., Assoc. Professor, Chaminade Univ.; Environmental Council Member
Hawai'i Office of Environmental Quality Control / Honolulu, HI
  Leslie Kahihikolo, Environmental Council Environmental Justice Project Coordinator
Hawai'i Office of Environmental Quality Control / Kailua, HI
  Edward G. Bohlen, Esq., Deputy Attorney General
Department of the Attorney General of Hawai'i / Honolulu, HI
  John Harrison, Ph.D., Principal Investigator
University of Hawai'i Environmental Center / Honolulu, HI
12:00 pm Lunch (on your own)
1:15 pm Practical Aspects of the EIS Process
  Tips for effective and efficient work start to finish: assembling a team; preparing documents; establishing guidelines; moving the process forward
  Sue Sakai, Vice President and Director of Planning
Belt Collins Hawaii Ltd. / Honolulu, HI
2:00 pm Practical Approaches to Archaeological and Cultural Impact Assessments
  Regulatory framework and legal history; guidelines for methodology; recent cases and practical considerations
  Hallett H. Hammatt, Ph.D., Proprietor and Principal Archaeologist
Cultural Surveys Hawai'i / Kailua, HI
2:45 pm Break
3:00 pm Cumulative Impacts Under NEPA and Hawai'i EIS Law; Recent NEPA Updates
  Recent NEPA cases in Hawai'i and the 9th Circuit; requirements for assessing direct vs. indirect vs. cumulative environmental effects; incorporating cumulative effects analysis into the EIS; types of actions to consider; shelf-life of an EIS
  Lisa A. Bail, Esq.
Goodsill Anderson Quinn & Stifel LLP / Honolulu, HI
3:45 pm Administrative Appeals and Judicial Review
  Procedural requirements in NEPA/HEPA litigation, standing to sue, substantive areas open to litigation, discovery, and planning and strategizing in lawsuits
  Elijah Yip, Esq.
Cades Schutte LLP / Honolulu, HI
4:30 pm Tips for Building a Winning Record
  Counsel discuss administrative processes and building evidence into the administrative record to support their clients' goals
  Lisa Woods Munger, Esq., Program Chair, Moderator
Goodsill Anderson Quinn & Stifel LLP / Honolulu, HI
  Lisa A. Bail, Esq.
Goodsill Anderson Quinn & Stifel LLP / Honolulu, HI
  Elijah Yip, Esq.
Cades Schutte LLP / Honolulu, HI
5:00 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $595 with a group rate of $520 each for two or more registrants from the same firm. For government employees, we offer a special rate of $445. For students and people in their job for less than a year, our rate is $297.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Friday, August 10, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 6.5 WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The workshop will be held at the Ala Moana Hotel at 410 Atkinson Drive in Honolulu, HI 96814-4722. Sleeping rooms are available at discounted rates starting at $115/night based on availability. For reservations, contact Cynthia Goya at (808) 955-4811 and mention that you are attending a Law Seminars International workshop. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $605. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Lisa Woods Munger, Program Chair, is a partner at Goodsill Anderson Quinn & Stifel LLP and practices in the fields of environmental law, antitrust law, land use and commercial litigation. She represents businesses and landowners in environmental civil litigation, administrative enforcement proceedings, permit assistance, rule making and compliance counseling. Ms.Munger has successfully defended clients in cases as diverse as those involving Superfund sites, challenges to environmental impact statements (EISs), asbestos, safe drinking water and hazardous waste. She is also the editor of the "Hawai'i Environmental Law Handbook."

Lisa A. Bail is a partner with Goodsill Anderson Quinn & Stifel LLP and concentrates on environmental law, land use and commercial litigation. She has defended clients in litigation under the NEPA and HEPA and assists clients in the preparation of environmental impact assessments. Ms. Bail also represents clients in Superfund and emergency response actions, CERCLA litigation and hazardous waste enforcement actions, and is conversant with all phases of litigation practice.

Edward G. (Ted) Bohlen is Deputy Attorney General of Hawai'I and legal counsel for the Hawai'i Environmental Council and Office of Environmental Quality Control. He has been advising the Council in its preparation of the draft EIS rules. Mr. Bohlen previously worked for the Massachusetts Attorney General in environmental and public utility regulation.

Gail L. Grabowsky is an Associate Professor of Biology at Chaminade University and a Member of the Hawai'i Office of Environmental Quality Control's Environmental Council. She is also an elected Councilor to the Hawai'i Academy of Science.

Hallett H. Hammatt, Ph.D., is a Proprietor and Principal Archaeologist at Cultural Surveys Hawai'i. He works with private and public entities on archaeological assessments, preservation plans and cultural impact studies, and consults on Section 106 of the National Historic Preservation Act.

John Harrison is Principal Investigator at the University of Hawai'i Environmental Center where he is currently assessing the efficacy of Hawaii's EIS system law. As the previous head of the Environmental Center, he was responsible for coordination of environmental research and services performed by the University, including formal academic review of EISs, regulatory permits, legislation and long range planning processes.

Leslie Kahihikolo is the Environmental Justice Project Coordinator for the Environmental Council, Hawai'i Office of Environmental Quality Control, where she is developing an environmental justice guidance document for the state environmental review process involving communities, consultants, industry and government across the state. She is also the President of In Harmony Solutions LLC and has experience in government and environmental consulting, specializing in community involvement, project management and environmental remediation.

Sue Sakai is Vice President and Director of Planning at Belt Collins Hawaii Ltd. and focuses on master planning and preparation of environmental assessments and EISs for public and private sector clients. She is experienced in seeking land use and environmental permits and approvals and specializes in conducting public participation and outreach programs.

Elijah Yip is in the Litigation Department at Cades Schutte LLP where he practices commercial litigation, environmental law, First Amendment and media law, and health law. He represents clients on a variety of EIS issues, including compliance with NEPA and the Hawai'i EIS law and litigation. He has advised clients on both sides of NEPA and HEPA issues -- challenging EISs as well as defending against challenges. Prior to entering private practice, Mr. Yip was a law clerk for U.S. District Judge Samuel P. King (U.S. District Court for the District of Hawai'i).