The ripple effects of Hawai'i's environmental law — or, more specifically, its interpretation by the courts — continue to radiate. This time the shock is felt by those seeking a Department of Agriculture permit for the import of various species.

The department had argued that its permit review delivers enough environmental protection. But the Intermediate Court of Appeals recently ruled otherwise, insisting that ag imports are covered by Chapter 343 and may require an environmental assessment.

The department's failure to proactively set up appropriate exemptions to the law has thrown hundreds of permit applications in limbo. It now must move quickly to establish these exemptions, or a range of business and research programs in aquaculture and agriculture could be at risk.

That ruling, issued in a case concerning the import and production of genetically modified algae, requires an assessment for programs on state or county land with potential environmental impact.

The court has found that the department's own permit review process is not up to the job. And it's now clear that the overburdened department needs guidance to determine which applications can pass under the bar and which require the full environmental assessment.

It would have been far better had the department followed the lead of other state agencies and set up exemptions from the environmental assessment rules through the Office of Environmental Quality Control.

Work needs to begin now on establishing those exemptions, rules that must be approved by the Environmental Council at OEQC and that can hold up under legal scrutiny.

The council needs to make sure the exemptions clear the way for projects that are contained and limited in scale, so that research projects, for example, can proceed with minimal interruption.

Larger, ongoing production programs bring a greater risk of environmental effect and deserve the scrutiny — and public notification — that a full environmental assessment requires.

The department should find ways of piggybacking its usual permit review with these assessments to eliminate unnecessary delays.

For the short term, the Office of the Attorney General is reviewing the ruling and existing law, and clearing broad categories of imports. Seafood imported for sale and consumption, for example, has been cleared as not requiring an assessment. Other categories, including public-school imports for classroom work, should follow as quickly as possible.

And for its part, University of Hawai'i officials rightly are trying to speed things up for important research work. Trisha Watson, who works with the vice chancellor for research, said Chapter 343 already includes exemptions that can apply to UH programs. One provision exempts "basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource."

Environmental law can coexist peacefully with business and research. This course correction, giving environmental protections their due, can be made without impeding progress in biotechnology, which can enrich the economy and benefit everyone.