Hawaii will become the second state in the nation to have an Environmental Court to hear cases concerning anything related to nature, reports the Honolulu Star Advertiser. The 22 judges assigned it will begin their work July 1.
Bubba Au, a political science senior from Maui, said, “I think it is important since Hawaii has to maintain a delicate environment and is home to the most endemic species in the world. The unique location of Hawaii makes it highly susceptible to the changes caused by human activity, and since we are on an island, it is easier to observe these changes in real time. Any serious impact we have on the environment will have an effect on the human population. Many of the environmental challenges we face come from areas away from Hawaii.”
Denise Antolini, University of Hawaii William S. Richardson School of Law associate dean of Academic Affairs, told the Pacific Business News, “Hawaii’s environmental court is a historic milestone for our island and the U.S. As the second U.S. state to have such a court, we join a growing global moment where hundreds of ‘green courts’ have been established to provide consistent and expert guidance from the judges involved.” The first ‘green court’ was established in Vermont in 1990.
Hawaii Supreme Court Justice Michael Wilson, who will be one of the justices in the Environmental Court, said all cases relating to water, forests, streams, beaches, air, mountains, parks and marine life will be heard by the court, reported the Honolulu Star Advertiser.
State Rep. Chris Lee (D, Kailua-Waimanalo) said one of the reasons for this special court is that the court's focus will allow justices to understand the effect a ruling would have on the environment.
"Whether it is protecting our sea cucumbers, protecting our fresh water supply from contamination or protecting our nearshore resources, it puts them in a court with judges who have a background in cases like this and, over time, can build that knowledge base," Lee said in the Honolulu Star Advertiser.
Cy Kaahanui, a biology senior from Kapolei, said, “Sewage run offs and what not provides nutrients and toxins in an environment causing over population of one species and usually the death of another species. I think having a group that focuses on making sure that impact is minimized would be useful. Although how effective it would be would have to be determined.”
Not everyone supported the forming of this court with people questioning the justification and need for it. According to the Honolulu Star Advertiser, the Land Use Research Foundation “noted no evidence that the Judiciary’s current handling of environmental cases was deficient, and that most environmental-related cases are resolved by administrative proceedings and not by the courts.”
The Hawaii Farm Bureau was also opposed, saying it is better to stop the problems before they arise. “Funds could be used proactively to increase awareness of the current environmental regulations and, through educational programs, assist businesses in compliance with them, before any potential detrimental impact to the environment occurs.”
Wilson reminded citizens Hawaii’s state motto is “The life of the land is perpetuated in righteousness,” and Hawaii’s constitution holds a mandate to care for the land’s “natural beauty.”
He said, “While Hawaii’s environment is a treasure for humanity, it must be treated justly. This is where the Environmental Court will play a major role.”