Ola I Ka Wai: Hawaiʻi Water Law
Water is a resource held in trust for the people of Hawaiʻi. The public trust doctrine prioritizes Native Hawaiian traditional and customary practices and the health of free-flowing streams and coastal life over private commercial uses. Despite this and other constitutional protections, water has historically been mismanaged and private profits prioritized over sustainable management for community, cultural practices, and the long-term health of the environment. As a result, Hawaiʻi has suffered dry stream beds, habitat loss, change in water temperature, degradation of coastal ecosystems, increased risk of invasive species and wildfires, and, in communities without steady access to fresh water, ...
NHLC Assists Lawaiʻa ‘Ohana to Obtain Special Use Permit for Traditional Cultural Fishing in Honua‘ula, Maui
In 2024, the Native Hawaiian Legal Corporation (“NHLC”) represented Mogul Luʻuwai and the Lu‘uwai ‘Ohana in the process of obtaining a Special Use Permit for the practice of their traditional cultural fishing in Honuaʻula, Maui. Mogul and the Luʻuwai ‘Ohana come from a long line of traditional Hawaiian lawaiʻa and are one of the few Hawaiian fishing families that has continued to reside in the Mākena area since at least the mid-1800s. Over generations, the ʻOhana has acquired specialized, place-based knowledge and skills specific to Mākena and its unique environment. These multigenerational practices were interrupted with the establishment of the ...
ICA Rules KUA & NHLC Can Continue Fight for Limu
Decision Honors Uncle Henry Chang’s Last Wishes To Protect Marine Resources in ‘Ewa In 2012, Uncle Henry Chang Wo, a recognized loea limu (limu expert), and the Native Hawaiian Legal Corporation (NHLC) began a long—and still pending—legal battle against permitting to increase stormwater runoff from the Kaloʻi Gulch onto an ‘Ewa shoreline. Permit proponents, including the City and County of Honolulu, the Department of Hawaiian Homelands, and the University of Hawaii, want the permit, so that polluted storm water can be discharged from urban development. Uncle Henry argued that the Board of Land and Natural Resources (BLNR) needed to more ...
1st Meeting of Commission on Water Resource Management (CWRM) Since Maui Wildfires
On September 19, 2023, the Commission on Water Resource Management (CWRM) held its first meeting following Maui’s wildfires, the governor’s temporary suspension of the water code, and the controversial “redeployment” of CWRM’s Deputy Director Kaleo Manuel following an August 8, 2023 request by West Maui Land Co. to divert water from streams to fill the company’s reservoirs to fight the wildfires, which he did not immediately grant. NHLC submitted testimony and attended the meeting. The meeting drew a large contingent of Maui residents in-person and online who passionately shared their concerns over the course of more than 10 hours. ...
