
Environmental Planning and Permitting




Project environmental review and permitting requirements can be complex and time-consuming. With more than 30 years of experience in Hawaiʻi and the Pacific, we understand how to work with clients, design teams, regulatory agencies, and community partners to efficiently move projects forward. Critical is our deep knowledge of permitting requirements and our "advocacy" approach; we work with clients and designers to assess whether minor design changes can reduce or eliminate permitting requirements. Our goal - to help our clients quickly deliver essential infrastructure projects to the public in a way that helps them protect the environment. Our expertise includes:
Environmental Review to comply with the National or Hawaiʻi Environmental Policy Act (NEPA or HEPA)
We approach projects with a goal to utilize a statutory exemption or an agency's established categorical exclusion. If neither of these apply, we'll conduct an initial assessment to determine whether the project is likely to achieve a Finding of No Significant Impact through a simpler Environmental Assessment (EA) or whether an Environmental Impact Statement is likely to be required. We take a minimalist approach to EAs and EISs, so that they contain only the information necessary to allow agencies to make decisions. We track NEPA and HEPA revisions and, for NEPA, understand how to work within agency-specific programs.
Army Corps Permitting for work in Waters of the United States
Our team stays alert to the frequently shifting definitions of Waters of the United States (WOTUS) that affect permit jurisdiction and regulatory approach. Our advocacy approach to permitting leads us to work closely with the US Army Corps of Engineers from the start of a project to determine if the project may fall under an exemption or a Nationwide Permit. Our extensive experience in obtaining these permits for all types of WOTUS (wetlands, streams, waterfront, tidal) means that we are able to efficiently move projects forward.
Federal Agency Consultations
Whether it's Coastal Zone Management, Endangered Species Act Section 7, National Historic Preservation Act Section 106, or Clean Water Act Section 401, we have extensive experience working with Federal and delegated State agencies to achieve these consultations for projects utilizing federal funds or lands or requiring a federal permit.
NPDES Permitting
With more than 30 years of experience and a deep understanding of NPDES rules and agency requirements, we are able to quickly and efficiently obtain permits. We strive to submit full and complete permit applications with all the information the agency needs to make a decision, typically resulting in no additional requests for information and having the permit granted within a few weeks of submittal. Self-professed policy wonks, we have also supported practical NPDES regulations by reviewing and commenting on proposed rule changes by the State Department of Health (DOH). We consult on the full range of general permits regulated by DOH, and also prepare individual permit applications for special projects not meeting general permit conditions.
Other Permitting
Our expertise includes other state environmental permits, such as Stream Alternation Permits and Stream Diversion Works from the State Commission on Water Resource Management or Injection Well Permits for well installation and operation from the State DOH Safe Drinking Water Branch.
Field Studies
We have the appropriate qualifications and experience to conduct field investigations required to provide the data needed for planning and permitting documentation. We utilize in-house or subcontracted biologists with extensive experience in Hawaiʻi flora and fauna, and in-house geologists and hydrogeologists with strong knowledge of Hawaiʻi conditions. We rely on strong relationships with subcontracted archaeological and cultural resource firms, as well as experts in noise, air quality, traffic, and other studies that may be needed. With more than 30 years of experience in Hawaiʻi, we have long-standing relationships with these specialty firms and know how to manage teams of consultants to accomplish projects efficiently.