public trust doctrine in Hawaii

2025Waiāhole I (2000) In Waiāhole I, decided twenty-five years ago, the Hawai‘i Supreme Court surveyed and analyzed the public trust doctrine, and then applied that doctrine to the resource at issue - water. 94 Hawai‘i at 131–33, 9 P.3d at 443–45.

2025The court explained "that article XI, section 1 [(Natural Resources Trust)] and article XI, section 7 [(Water Resources Trust)] adopt the public trust doctrine as a fundamental principle of constitutional law in Hawai‘i." 9 Id. at 132, 160, 9 P.3d at 444, 472 (footnote omitted). 9 Article XI, section 7 of the Hawaiʻi Constitution provides as follows: ARTICLE XI . . . .

2024Furthermore, because Kaua#i Springs did not meet its burden under the public trust doctrine, COLs 11 and 125/ are, by 4/ We further conclude that although the Planning Commission was required to "make findings sufficient to enable an appellate court to track the steps that the agency took in reaching its decision[,]" Kauai Springs, 133 Hawai#i at 173, 324 P.3d at 983 , it was not required to conduct a complete Ka Pa#akai analysis in this context, where Kaua#i Springs failed to meet its affirmative burden to demonstrate that its proposed use would not affect the protected use of water in the ex

2022At the same time, an agency’s governing statutes and regulatory provisions provide “the context for applying the broad principles of the public trust doctrine to the specific task faced by the agency.” Kauai Springs, 133 Hawai‘i at 184, 324 P.3d at 994 (Recktenwald, C.J., concurring and dissenting).

2018All of these principles may be applied to state conservation land with relatively little alteration. 5 The first principle, originally derived from Robinson v. Ariyoshi , 65 Haw. 641 , 674, 658 P.2d 287 , 310 (1982), sets forth a basic tenet of the public trust doctrine: agencies have the "duty and authority" to maintain the integrity of Hawaii's public natural resources for future generations 6 and to ensure that they are put to "reasonable and beneficial" use.

2018All of these principles may be applied to state conservation land with relatively little alteration. 5 The first principle, originally derived from Robinson v. Ariyoshi , 65 Haw. 641 , 674, 658 P.2d 287 , 310 (1982), sets forth a basic tenet of the public trust doctrine: agencies have the "duty and authority" to maintain the integrity of Hawaii's public natural resources for future generations 6 and to ensure that they are put to "reasonable and beneficial" use.

2018E.g. , Kauai Springs, Inc. v. Planning Comm'n of Cty. of Kaua'i , 133 Hawai'i 141 , 172, 324 P.3d 951 , 982 (2014) ("The public trust is, therefore, the duty and authority to maintain the purity and flow of our waters for future generations and to assure that the waters of our land are put to reasonable and beneficial uses."); Kelly , 111 Hawai'i at 221-23 , 140 P.3d at 1001-03 (discussing this court's adoption of the public trust doctrine and the principle of intergenerational equity embodied therein); Waiahole I , 94 Hawai'i at 141, 9 P.3d at 453 ("Under the public trust, the state has both

2018E.g. , Kauai Springs, Inc. v. Planning Comm'n of Cty. of Kaua'i , 133 Hawai'i 141 , 172, 324 P.3d 951 , 982 (2014) ("The public trust is, therefore, the duty and authority to maintain the purity and flow of our waters for future generations and to assure that the waters of our land are put to reasonable and beneficial uses."); Kelly , 111 Hawai'i at 221-23 , 140 P.3d at 1001-03 (discussing this court's adoption of the public trust doctrine and the principle of intergenerational equity embodied therein); Waiahole I , 94 Hawai'i at 141, 9 P.3d at 453 ("Under the public trust, the state has both

2018Area High-Level Source Water Use Permit Applications, 128 Hawaiʻi 228, 276, 287 P.3d 129, 177 (2012); Kelly v. 1250 Oceanside Partners, 111 Hawaiʻi 205, 222-23, 140 P.3d 985, 1002-03 (2006); In re Waiʻola O Molokaʻi, 103 Hawaiʻi at 429–31, 83 P.3d at 692–94; In re Water Use Permit Applications (Waiāhole I), 94 Hawaiʻi 97, 113, 129-32, 138-39, 141, 189, 9 P.3d 409, 425, 441-44, 450-51, 453, 501 (2000); Robinson v. Ariyoshi, 65 Haw. 641, 674 , 658 P.2d 287, 310 (1982). 19 _***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER***_ the public trust doctrine and the principle of interge

2012See also In re Wai'ola O Molokai, Inc., 103 Hawai'i 401, 429 , 83 P.3d 664, 692 (2004) ("[T]his court traced the historical development of the public trust doctrine in Hawai'i and reasoned therefrom that ... the legislature, pursuant to the constitutional mandate of article XI, section 7, incorporated public trust principles into the [State Water] Code.”); Waiāhole I, 94 Hawai'i at 130 , 9 P.3d at 442 ("[T]he legislature appears to have engrafted the [public trust doctrine] wholesale in the [State Water] Code.”). .

2018Area High-Level Source Water Use Permit Applications, 128 Hawaiʻi 228, 276, 287 P.3d 129, 177 (2012); Kelly v. 1250 Oceanside Partners, 111 Hawaiʻi 205, 222-23, 140 P.3d 985, 1002-03 (2006); In re Waiʻola O Molokaʻi, 103 Hawaiʻi at 429–31, 83 P.3d at 692–94; In re Water Use Permit Applications (Waiāhole I), 94 Hawaiʻi 97, 113, 129-32, 138-39, 141, 189, 9 P.3d 409, 425, 441-44, 450-51, 453, 501 (2000); Robinson v. Ariyoshi, 65 Haw. 641, 674 , 658 P.2d 287, 310 (1982). 19 _***FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER***_ the public trust doctrine and the principle of interge

2015Area High-Level Source Water Use Permit Applications ('I ao), 128 Hawai'i 228 , 287 P.3d 129 (2012), this court found that, in instances where an agency lacks data or information to discharge its duties pursuant to the public trust doctrine, the agency “must ‘take the initiative’ to obtain the information it needs.

2006In Waiahole I, this court recognized that later decisions of this court confirmed the acceptance of the public trust doctrine in this jurisdiction. 94 Hawai'i at 128, 9 P.3d at 440 (citing County of Hawai'i v. Sotomura, 55 Haw. 176, 183-84 , 517 P.2d 57, 63 (1973) (holding that “[l]and below the high water mark ... is a natural resource owned by the state subject to, but in some sense in trust for, the enjoyment of certain public rights”); In re Sanborn, 57 Haw. 585, 593-94 , 562 P.2d 771, 776 (1977) (holding ineffective under the public trust doctrine the registration of lands below the high

2006In Waiahole I, this court recognized that later decisions of this court confirmed the acceptance of the public trust doctrine in this jurisdiction. 94 Hawai'i at 128, 9 P.3d at 440 (citing County of Hawai'i v. Sotomura, 55 Haw. 176, 183-84 , 517 P.2d 57, 63 (1973) (holding that “[l]and below the high water mark ... is a natural resource owned by the state subject to, but in some sense in trust for, the enjoyment of certain public rights”); In re Sanborn, 57 Haw. 585, 593-94 , 562 P.2d 771, 776 (1977) (holding ineffective under the public trust doctrine the registration of lands below the high

2014“The public trust doctrine takes precedent even over vested water rights.” Id. at 141 , 9 P.3d at 453 (quoting Kootenai, 671 P.2d at 1094 ).

2014“The public trust doctrine takes precedent even over vested water rights.” Id. at 141, 9 P.3d 453 (quoting Kootenai, 671 P.2d at 1094 ).

2006In Waiahole I, this court recognized that later decisions of this court confirmed the acceptance of the public trust doctrine in this jurisdiction. 94 Hawai'i at 128, 9 P.3d at 440 (citing County of Hawai'i v. Sotomura, 55 Haw. 176, 183-84 , 517 P.2d 57, 63 (1973) (holding that “[l]and below the high water mark ... is a natural resource owned by the state subject to, but in some sense in trust for, the enjoyment of certain public rights”); In re Sanborn, 57 Haw. 585, 593-94 , 562 P.2d 771, 776 (1977) (holding ineffective under the public trust doctrine the registration of lands below the high

2006In Waiahole I, this court recognized that later decisions of this court confirmed the acceptance of the public trust doctrine in this jurisdiction. 94 Hawai'i at 128, 9 P.3d at 440 (citing County of Hawai'i v. Sotomura, 55 Haw. 176, 183-84 , 517 P.2d 57, 63 (1973) (holding that “[l]and below the high water mark ... is a natural resource owned by the state subject to, but in some sense in trust for, the enjoyment of certain public rights”); In re Sanborn, 57 Haw. 585, 593-94 , 562 P.2d 771, 776 (1977) (holding ineffective under the public trust doctrine the registration of lands below the high

2012In re Contested Case Hearing on Water Use Permit Application, 116 Hawai'i 481 , 174 P.3d 320 (2007) (“It is now well established that the public trust doctrine is a fundamental principle of constitutional law in Hawai'i, and that its principles permeate the State Water Code.”) (internal citations omitted). 41 As noted, supra, HRS § 174C-12 affords “[judicial review of rules and orders of the [Commission]” under chapter 91, and “[a]ny person aggrieved ... in a contested case ... is entitled to judicial review....” See Waiāhole I, 94 Hawai'i at 119 n. 15, 9 P.3d at 431 n. 15 (“Pursuant to HRS §

2012In re Contested Case Hearing on Water Use Permit Application, 116 Hawai'i 481 , 174 P.3d 320 (2007) (“It is now well established that the public trust doctrine is a fundamental principle of constitutional law in Hawai'i, and that its principles permeate the State Water Code.”) (internal citations omitted). 41 As noted, supra, HRS § 174C-12 affords “[judicial review of rules and orders of the [Commission]” under chapter 91, and “[a]ny person aggrieved ... in a contested case ... is entitled to judicial review....” See Waiāhole I, 94 Hawai'i at 119 n. 15, 9 P.3d at 431 n. 15 (“Pursuant to HRS §

2025Ching, 145 Hawai‘i at 176-77, 449 P.3d at 1174-75.

2020See Ching, 145 Hawaiʻi at 178, 449 P.3d at 1176 (“[T]he State’s constitutional public trust obligations exist independent of any statutory mandate and must be fulfilled regardless of whether they coincide with any other legal duty.”); In re Conservation Dist.

2014In re Water Use Permit Applications, 105 Haw. 1, 16 , 93 P.3d 643, 658 (2004) (“Wai~hole II”), cited by In re Contested Case Hearing on Water Use Permit Application Filed by Kukui (Molokai), Inc., 116 Hawai#i 481, 490-91, 174 P.3d 320, 329-30 (2007) (“Kukui (Molokai), Inc.”). 56 *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** Questions of constitutional law require the court to “exercis[e] its own independent judgment based on the facts of the case” under the right or wrong standard.

2014In re Water Use Permit Applications, 105 Haw. 1, 16 , 93 P.3d 643, 658 (2004) (“Wai~hole II”), cited by In re Contested Case Hearing on Water Use Permit Application Filed by Kukui (Molokai), Inc., 116 Hawai#i 481, 490-91, 174 P.3d 320, 329-30 (2007) (“Kukui (Molokai), Inc.”). 56 *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** Questions of constitutional law require the court to “exercis[e] its own independent judgment based on the facts of the case” under the right or wrong standard.

2013Dir. of Courts, 108 Hawai'i 31, 37 , 116 P.3d 673, 679 (2005) (brackets omitted)).

2013Dir. of Courts, 108 Hawai'i 31, 37 , 116 P.3d 673, 679 (2005) (brackets omitted)).

2006In Waiahole I, this court recognized that later decisions of this court confirmed the acceptance of the public trust doctrine in this jurisdiction. 94 Hawai'i at 128, 9 P.3d at 440 (citing County of Hawai'i v. Sotomura, 55 Haw. 176, 183-84 , 517 P.2d 57, 63 (1973) (holding that “[l]and below the high water mark ... is a natural resource owned by the state subject to, but in some sense in trust for, the enjoyment of certain public rights”); In re Sanborn, 57 Haw. 585, 593-94 , 562 P.2d 771, 776 (1977) (holding ineffective under the public trust doctrine the registration of lands below the high

2006In Waiahole I, this court recognized that later decisions of this court confirmed the acceptance of the public trust doctrine in this jurisdiction. 94 Hawai'i at 128, 9 P.3d at 440 (citing County of Hawai'i v. Sotomura, 55 Haw. 176, 183-84 , 517 P.2d 57, 63 (1973) (holding that “[l]and below the high water mark ... is a natural resource owned by the state subject to, but in some sense in trust for, the enjoyment of certain public rights”); In re Sanborn, 57 Haw. 585, 593-94 , 562 P.2d 771, 776 (1977) (holding ineffective under the public trust doctrine the registration of lands below the high

2004Alliance v. Panhandle Yacht Club, Inc.], [ 105 Idaho 622 ] 671 P.2d [1085,] 1092 [ (Idaho 1983) ] (emphasis added.) See also Owsichek [v. State, Guide Licensing and Control Bd.], 763 P.2d [488,] 494 [ (Alaska 1988) ] (holding that grants of exclusive rights to harvest natural resources should be subjected to “close scrutiny”); Weden v. San Juan County, 135 Wash.2d 678 , 958 P.2d 273, 283 (1998) (observing that, even absent a constitutional mandate, “courts review legislation under the public trust doctrine with a heightened degree of judicial scrutiny, as if they were measuring that legislatio

2004Alliance v. Panhandle Yacht Club, Inc.], [ 105 Idaho 622 ] 671 P.2d [1085,] 1092 [ (Idaho 1983) ] (emphasis added.) See also Owsichek [v. State, Guide Licensing and Control Bd.], 763 P.2d [488,] 494 [(Alaska 1988)] (holding that grants of exclusive rights to harvest natural resources should be subjected to "close scrutiny"); Weden v. San Juan County, 135 Wash.2d 678 , 958 P.2d 273, 283 (1998) (observing that, even absent a constitutional mandate, "courts review legislation under the public trust doctrine with a heightened degree of judicial scrutiny, as if they were measuring that legislation

2000History and Development The United States Supreme Court advanced the seminal modern expression of the public trust doctrine in Illinois Central Railroad Co. v. Illinois, 146 U.S. 387 , 13 S.Ct. 110 , 36 L.Ed. 1018 (1892). [25] The case arose from a disputed conveyance of land submerged under the navigable waters of Lake Michigan by the state legislature to private *440 interests.

2000History and Development The United States Supreme Court advanced the seminal modern expression of the public trust doctrine in Illinois Central Railroad Co. v. Illinois, 146 U.S. 387 , 13 S.Ct. 110 , 36 L.Ed. 1018 (1892). [25] The case arose from a disputed conveyance of land submerged under the navigable waters of Lake Michigan by the state legislature to private *440 interests.

2025Both cases concern the same application for a conservation district use permit submitted by the University of Hawaiʻi to construct the Thirty Meter Telescope atop Mauna Kea on Hawaiʻi Island. 31 FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER summit area of Mauna Kea, are public resources held in trust for the benefit of the people pursuant to Article XI, Section 1." Id. at 400, 431 P.3d at 773 (footnote omitted).

2024On August 23, 2019, the Circuit Court conducted a hearing on the Motions to Dismiss and granted the motions, ruling that Appellants' claim alleging noncompliance with the required posting of a construction bond was barred "because of res judicata and collateral estoppel principles." 9 On October 17, 2019, the Circuit Court filed its Orders Granting Dismissal and its Order Denying Motion to Amend concluding the two amendments would be "futile." The Circuit Court denied the HRS Chapter 103D amendment because the chapter "applie[d] to procurement contracts made by governmental bodies" and that "t

2013This standing formulation for a public trust claim is supported by Waiahole I, which cites with approval National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419 , 189 Cal.Rptr. 346 , 658 P.2d 709 (1983), which held that “any member of the general public has standing to raise a claim of harm to the public trust.” 11 189 Cal.Rptr. 346 , 658 P.2d at 717 n. 11; see Waiahole I, 94 Hawai'i at 140, 9 P.3d at 452 ; see also In re ‘Iao, 128 Hawai'i at 282 , 287 P.3d at 183 (Acoba, J., concurring).

2013This standing formulation for a public trust claim is supported by Waiahole I, which cites with approval National Audubon Society v. Superior Court of Alpine County, 33 Cal.3d 419 , 189 Cal.Rptr. 346 , 658 P.2d 709 (1983), which held that “any member of the general public has standing to raise a claim of harm to the public trust.” 11 189 Cal.Rptr. 346 , 658 P.2d at 717 n. 11; see Waiahole I, 94 Hawai'i at 140, 9 P.3d at 452 ; see also In re ‘Iao, 128 Hawai'i at 282 , 287 P.3d at 183 (Acoba, J., concurring).

2025Res., 128 Hawaiʻi 455, 473, 290 P.3d 525, 543 (App. 2012) (affirming the grant of summary judgment against plaintiff's claim for breach of trust, where the plaintiff did 13 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER not "cite any authority which support[ed] the application of the public trust doctrine" to the instant case).

2025Res., 128 Hawaiʻi 455, 473, 290 P.3d 525, 543 (App. 2012) (affirming the grant of summary judgment against plaintiff's claim for breach of trust, where the plaintiff did 13 NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER not "cite any authority which support[ed] the application of the public trust doctrine" to the instant case).

2024See Kia‘i Wai v. Dep't of Water, 151 Hawai‘i 442, 447, 454, 517 P.3d 725, 730, 737 (2022) (applying "public importance" summary judgment standard to challenge of EA for proposed 18-inch-diameter water- transmission relief line); Kilakila ‘O Haleakala, 138 Hawai‘i at 367-68, 375, 382 P.3d at 179-80, 187 (applying "public importance" summary judgment standard to challenge of BLNR's determination that EIS not required for construction of telescope at Haleakala observatory site); Molokai Homesteaders Co-op.

2024See Kia‘i Wai v. Dep't of Water, 151 Hawai‘i 442, 447, 454, 517 P.3d 725, 730, 737 (2022) (applying "public importance" summary judgment standard to challenge of EA for proposed 18-inch-diameter water- transmission relief line); Kilakila ‘O Haleakala, 138 Hawai‘i at 367-68, 375, 382 P.3d at 179-80, 187 (applying "public importance" summary judgment standard to challenge of BLNR's determination that EIS not required for construction of telescope at Haleakala observatory site); Molokai Homesteaders Co-op.