Hawaii State (USA) Law: rights and legal personhood of watersheds

Summary

On January 22, 2024, a bill was introduced in the Hawaii state legislature to recognize legal personhood and establish rights for watershed ecosystems. The bill states that “any watershed located in the State shall be recognized as a legal person and shall have the rights, powers, and duties of a legal person, including the right to exist, flourish, and naturally evolve, as reflected by native Hawaiian traditional and customary cultural values, practice, and worldview, including the notion and practice of malama ‘ama” – meaning ‘care for the land’ – a foundational tenet to native Hawaiian culture and way of life. The legislation also recognizes that “To native Hawaiians, land is not a commodity, but a foundation of their cultural and spiritual identity as Hawaiians, and the natural elements — land, air, water, and ocean — are understood as innately interconnected and interdependent.” The bill states that “Rights for nature offer a novel policy approach that can simultaneously and effectively enhance environmental policy outcomes while addressing related indigenous issues through the codification of native Hawaiian traditional and customary cultural principles into the law.”