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Bill

HB 597

PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII TO RECOGNIZE AND PROTECT THE INHERENT AND INALIENABLE RIGHT OF THE PEOPLE TO CLEAN WATER AND AIR, A HEALTHFUL ENVIRONMENT AND CLIMATE, HEALTHY NATIVE ECOSYSTEMS, AND BEACHES.

2025 Regular Session Introduced by Terez Amato and 8 co-sponsors

Hawaii constitutional amendment elevates citizens' rights to clean water, air, healthy ecosystems, and beaches to fundamental constitutional protections, strengthening environmental enforcement and litigation.

Introduced and Pass First Reading.
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Bill Summary · HB 597

Legislative bill overview

HB 597 proposes a constitutional amendment to Hawaii's state constitution that would explicitly recognize citizens' inherent rights to clean water and air, a healthful environment and stable climate, healthy native ecosystems, and accessible beaches. The amendment would elevate environmental protections to constitutional status, making them fundamental rights rather than statutory protections that can be more easily modified.

Why is this important

Constitutional amendments create the highest level of legal protection and make environmental standards much harder to weaken in the future. This could significantly strengthen Hawaii's ability to enforce environmental regulations, support legal challenges against polluters, and prioritize environmental concerns in policy decisions. For a state dependent on tourism, agriculture, and natural resources, this reflects growing public concern about climate change, ocean health, and native ecosystem preservation.

Potential points of contention

  • Implementation costs and scope: Defining what constitutes a "healthful environment" and "healthy native ecosystems" could be vague, leading to costly litigation over what the state must actually do and spend
  • Development restrictions: Property owners and developers may argue the amendment could severely limit land use, construction, and economic activity if courts interpret environmental rights broadly
  • State sovereignty and federal conflicts: Creating constitutionally-protected environmental rights could create tensions with federal land management, military operations (significant in Hawaii), and interstate commerce concerns
  • Enforceability questions: Critics may contend that making environmental quality a "right" is difficult to enforce against diffuse sources of pollution and climate change drivers beyond state control

Compiled from official sources — confirm details with the bill’s official record.

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