In 1978, the people of Hawaii amended the state constitution to recognize “the right to a clean and healthful environment,” and expressly enabled lawsuits by private parties to enforce “laws relating to environmental quality” —
Each person has the right toa clean and healthful environment, as defined by laws relating to environmentalquality, including control of pollution and conservation, protection andenhancement of natural resources. Any person may enforce this right against anyparty, public or private, through appropriate legal proceedings, subject toreasonable limitations and regulation as provided by law.
Haw. Const. art. XI, § 9. “Laws relating to environmental quality” are not expressly defined, but “include” the obvious
rovidesIn County of Hawaii v. Ala Loop Homeowners, No. 27707 (cert. granted Sep. 2, 2009), the four-Justice majority in an 81-page opinion authored by Justice Recktenwald held “[w]e further conclude that article XI, section 9 of the Hawai’i Constitution creates a private right of action to enforce chapter 205 in the circumstances of this case.” Slip op. at 4.
In an equally lengthy concurring and dissenting opinion, Justice Acoba wrote: “I respectfully disagree, then, with the majority’s holding that the court abused its discretion in denying Wai’ola’s motion to set aside default. Thus, in my view, it is unnecessary to decided that Ala Loop had a private right of action to enforce HRS chapter 205 under article XI, section 9 of the Hawai’i State Constitution, but inasmuch as the majority does so hold, I believe it is wrong.” Dissent at 1.
The that “any person may enforce” the “right to a clean andhealthful environment, as defined by law relating to environmentalquality, including control of pollution and conservation, protectionand enhancement of natural resources.”
That leaves the question: are laws relating to agriculture “environmental” laws? Is eminent domain?