Malama Ka 'Aina - A Lawsuit to Protect Pohakuloa (and Residents) from Further Military Damage. Still Waiting for a Verdict.
In the week of October 12, 2015, the Star Bulletin and the Hawai’i Tribune Herald announced the court date of Ching v. Aila filed in December 2014 against the Department of Land and Natural Resources (DLNR); also referenced are excerpts from “Constitutional Duty to Malama Aina Extends to Military Leased Lands” written by Rhiannon Chandler, a law student. Below is a synopsis of the lawsuit from these three sources. The individuals cited in the articles are: the plaintiffs Clarence Ku Ching and Mary Kahaulelio, native Hawaiians from Wiamea, their lawyer David Kimo Frankel, of the Native Hawaiian Legal Corporation. Named in the lawsuit is the department head or chairman of DLNR, William Aila.
The lawsuit says “the federal government’s Pohakuloa lease requires it to remove or deactivate live ammunition after training exercises. But the lawsuit says there is unexploded ordnance on the land. They claim the state is not doing enough to assure the land is clear of live munitions and rounds after each military training exercise. The lawsuit says the military’s actions are negatively impacting the plaintiffs as they engage in traditional practices around the area… There’s evidence the state has that they have not done any inspection, monitoring or any meetings with the Army to ensure conditions of the lease are complied with, Frankel said.”
The State of Hawai’i “has an affirmative duty to take active steps to conserve and protect public lands. In the Hawaiian language, this duty is known as malama aina The state’s duty to malama aina began in 1959 with the Admissions Act under which the federal government transferred public lands to the state of Hawai’i at statehood. These lands have a special ‘public trust’ status that restricts the lands’ use to only a few express purposes. The State of Hawai’i leased 23,000 acres of Pohakuloa to the military, to use for live training. As part of the 65-year lease, (the military pays one dollar for the entire lease agreement that ends in 2029), the government agreed it would remove or bury all trash, garbage and other waste materials resulting from government use of said premises.
But some local residents say that’s not happening… Frankel said his clients want to make sure the State holds the military accountable for any live ordinances and ammunition and show proof of the cleanup…(the State of) Hawai’i has a responsibility to investigate and take any other needed action to ensure lease compliance. They (the plaintiffs) have strong ties to the land because their ancestors are from there, because they have been taught the importance of protecting the land. That malama aina is more than just rhetoric. It is a principle by which they live, Frankel said.” “Through this lawsuit, the plaintiffs seek to prevent the defendants from executing (or entering into) a new lease—or an extension of the existing lease—until the defendants have fulfilled their trust responsibilities by ensuring that the terms of the existing lease have been satisfactorily fulfilled.”
The sacred 'aina of Hawai'i Nei should not be treated like this!