ENVIRONMENTAL LAW
We help clients navigate the complex web of federal and Hawaii environmental law.
We are experienced in advising businesses on compliance with environmental regulatory schemes including NEPA (National Environmental Policy Act) and HEPA (Hawaii Environmental Policy Act, HRS chapter 343), CERCLA (Comprehensive Environmental Recovery, Compensation, and Liability Act) and the HERL (Hawaii Environmental Response Law, HRS chapter 128D), Clean Water Act and Hawaii Water Pollution Law (HRS chapter 342D), and Hawaii water rights (appurtenant rights, correlative rights, etc.).
Our principal attorney, Elijah Yip, first became interested in environmental law when he competed in the National Environmental Law Moot Court Competition as a law student. His team went on to capture the national championship at the competition. After entering private practice, Elijah worked on high-profile cases involving the environmental review process (NEPA and HEPA). Elijah also worked on a series of significant matters involving the intersection among water rights, Native Hawaiian traditional and customary rights, the public trust doctrine, and administrative law. Luminate Law is well-positioned to advise on issues concerning environmental law and natural resources.
Services
Luminate Law advises on issues relating to the requirements of the National Environmental Policy Act (NEPA) and the Hawaii Environmental Policy Act (NEPA), Hawaii Revised Statutes chapter 343, including:
- Determining if NEPA or HEPA compliance is triggered
- Analyzing applicability of exceptions to NEPA or HEPA compliance to projects
- Reviewing Environmental Assessments (EA) and Environmental Impact Statements (EIS) for compliance with NEPA or HEPA
- Advising on lawsuits or administrative proceedings based on compliance with NEPA or HEPA
We counsel clients on requirements of state and federal laws governing water polution, including:
- Analyzing the applicability of water pollution laws to particular activities
- Advising on the permitting process under the National Pollutant Discharge and Elimination System (NPDES)
- Advising on litigation based on the federal Clean Water Act or the Hawaii water pollution law, HRS chapter 342D
Luminate Law helps clients understand their rights and obligations under Hawaii’s unique system of water law. Our services in this area include:
- Advising clients on appurtenant rights, riparian rights, correlative rights (groundwater)
- Counseling clients on Hawaii law governing water rights, including the Hawaii State Constitution, the State Water Code, HRS chapter 174C, the public trust doctrine, and related case law
- Representing clients before the Commission on Water Resources Management (CWRM) in matters concerning instream flow standards and well permits
We advise clients on compliance with the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Hawaii Environmental Response Law (HERL), HRS chapter 128D. OUr services in this area include:
- Review Phase I and Phase II ESA reports
- Advise on cleanup of brownfield properties
- Advise on litigation based on compliance with CERCLA and HERL
Selected Speaking Engagements
- Chair of 2017 Hawaii Water Law Seminar
- Administrative Appeals and Judicial Review, NEPA & Hawaii EIS Law: New Developments in the Field and Changes in the Law
