Mitigating Cost and Schedule Risk from Environmental Litigation Over DOD Projects in Hawaii.

摘要

The National Environmental Policy Act (NEPA) of 1969 has brought the general public into the decision-making process for the environmental reviews required to make federally funded infrastructure project decisions. This public participation is well pronounced in the state of Hawaii, where the citizens have a strong relationship with the natural environment, island culture, and island history. With a relatively small land mass and abundance of unique environmental and archeological artifacts, development permitting on the islands of Hawaii is often a lengthy and emotional process. With the United States in the midst of its strategic pivot toward Asia, the Pacific, and the Indian Ocean, and with the Islands of Hawaii providing the United States' 'gateway to Asia,' there is certain to be an upswing in defense infrastructure development on the islands. After a review of three recent major infrastructure projects, two that failed and one still in progress, it is clear that to be successful the Federal Government, in particular the Department of Defense (DoD), will need to develop a strategy to address both real and perceived environmental impacts well before project plans are approved. With changing legal interpretations of the NEPA and the Hawaii Environmental Policy Act (HEPA), it is difficult to predict what the future will bring in the way of requirements. The review of these three infrastructure projects shows that there are common themes that contribute to cost increases and schedule delays, and that project managers can take specific actions to reduce the cost and schedule risks associated with complying with the requirements of the NEPA and HEPA. It is envisioned that DoD will be able to use this information to reduce cost and schedule risk for future infrastructure projects in the state of Hawaii.