Limitation of actions
HRS §343-7
in effect343-7. Limitation of actions
(a) Any judicial proceeding, the subject of which is the lack of assessment required under section 343-5, shall be initiated within one hundred twenty days of the agency's decision to carry out or approve the action, or, if a proposed action is undertaken without a formal determination by the agency that a statement is or is not required, a judicial proceeding shall be instituted within one hundred twenty days after the proposed action is started. The office, any agency responsible for approval of the action, or the applicant shall be adjudged an aggrieved party for the purposes of bringing judicial action under this subsection. Others, by environmental court action, may be adjudged aggrieved.
(b) Any judicial proceeding, the subject of
which is the determination that a statement is required for a proposed action,
shall be initiated within sixty days after the public has been informed of such
determination pursuant to section 343-3. Any judicial proceeding, the subject
of which is the determination that a statement is not required for a proposed
action, shall be initiated within thirty days after the public has been
informed of such determination pursuant to section 343-3. The applicant shall
be adjudged an aggrieved party for the purposes of bringing judicial action
under this subsection. Others, by environmental court action, may be adjudged
aggrieved.
(c) Any judicial proceeding, the subject of
which is the acceptance or nonacceptance of an environmental impact statement
required under section 343-5, shall be initiated within sixty days after the
public has been informed pursuant to section 343-3 of the acceptance or
nonacceptance of such statement. Affected agencies and persons who provided
written comment to an accepted statement during the designated review period
shall be adjudged aggrieved parties for the purpose of bringing judicial action
under this subsection; provided that for aggrieved parties, the contestable
issues shall be limited to issues identified and discussed in the written
comment, and for applicants bringing judicial action under this section on the
nonacceptance of a statement, the contestable issues shall be limited to those
issues identified by the accepting authority as the basis for nonacceptance of
the statement.
[L 1974, c 246, pt of §1; am and ren L 1979, c 197, §1(8); am L
1983, c 140, §10; am L 1992, c 241, §3; am L 2014, c 218, §8; am L 2021, c 152,
§15]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0343/HRS_0343-0007.htmFetched: 11/10/2026