Protection policy for Hawaii's native wildlife during geothermal energy development

Abstract

Hawaii possesses abundant geothermal resources and rare native wildlife. Geothermal energy development has not posed a threat to native wildlife in the past, but development potential has recently reached a level at which concern for native wildlife is warranted.

Potential geothermal resource areas in Hawaii intersect important native forest and endangered species habitat. The ability of existing laws to constrain development in these areas is in question. State and federal endangered species and environmental reporting laws have little ability to constrain geothermal development on private land. Hawaii's Land Use Law had been viewed by conservationists as protecting natural areas important to native wildlife, but recent decisions of the state Land Board sharply challenge this view.

While this dispute was being resolved in the courts, the state legislature passed the Geothermal Subzone Act of 1983. Wildlife value was assessed in the geothermal subzone designation process mandated by this act, but the subzones designated primarily reflected inappropriate developer influence. All areas in which there was developer interest received subzone designation, and no area in which there was no developer interest was subzoned. This overriding emphasis on developer interest violated the intent of the sub-zone act, and trivialized the importance of other assessment criteria, among them native wildlife values.