Legal TREND. Property Right in Clean Air. State Supreme Court.

Hawaii Supreme Court has found a private property right in clean air. 

What language did the Hawaii Supreme Court rely on to get here?

• Article XI, Section 9 of Hawaii Constitution provides for “the right to clean and healthful environment, as defined by laws relating to environmentl quality”
• Article 1, Section 5 of the Hawaii Constitution provides for “no person shall be deprived of life, liberty or property without due process of law.”

In re Application of MAUI ELECTRIC COMPANY, LIMITED,
For Approval of the Amended and Restated Power Purchase Agreement
             With Hawaiian Commercial & Sugar Company.