Why HEPA Matters
How the Air Force strategically avoided Hawaii's environmental review law
What is HEPA?
The Hawaii Environmental Policy Act (HEPA) is Hawaii's state-level equivalent to the federal National Environmental Policy Act. HEPA provides an additional layer of environmental review for projects in Hawaii, with particular attention to cultural and environmental resources unique to the islands.
HEPA applies to actions by state and county agencies, but also to federal actions when they require state or county permits or approvals. This law is particularly important for protecting resources like Haleakalā that have deep cultural significance to Hawaii.
The Project Modification
Originally, the AMOS STAR project was designed in a way that would have required state permits, thereby triggering HEPA review. However, the Air Force strategically modified the project design to avoid the need for state permits.
Key Changes Made
- Altered construction methods to avoid state building permits
- Modified site development to circumvent county approvals
- Restructured project to claim exclusive federal jurisdiction
These modifications allowed the Air Force to proceed with only federal review under NEPA, avoiding the additional scrutiny and public participation that HEPA would have required. This represents a deliberate strategy to minimize oversight of a project affecting sacred land.
Why This Matters
The avoidance of HEPA review is significant for several reasons:
Lost State Perspective
HEPA would have brought state-level expertise on Hawaii's unique cultural and environmental resources into the review process. This perspective is particularly important for sites like Haleakalā.
Reduced Public Participation
HEPA provides additional opportunities for public involvement and comment beyond federal NEPA requirements. Avoiding HEPA limited the ability of Hawaii residents to participate in decisions affecting their land.
Pattern of Avoidance
The strategic modification to avoid HEPA demonstrates a pattern of minimizing oversight rather than embracing transparent review. This approach undermines public trust and accountability.
The Broader Context
The HEPA avoidance fits into a broader pattern of the Air Force taking steps to minimize review and oversight of the AMOS STAR project:
- Conducting an Environmental Assessment instead of a full Environmental Impact Statement
- Dismissing alternatives without rigorous analysis
- Limiting Section 106 consultation with Native Hawaiian organizations
- Structuring the project to avoid HEPA review
Each of these decisions individually might be defensible, but together they reveal an approach focused on facilitating project approval rather than ensuring compliance with the spirit and letter of environmental and cultural protection laws.
What We're Demanding
While we cannot force HEPA review once the project has been structured to avoid it, this pattern of minimization makes the need for rigorous federal review even more critical. The Air Force must provide the thorough alternatives analysis and genuine consultation that federal law requires.