ABSTRACT
This chapter explores Hawaii's experience with the power and potential of the public trust as a legal tool and highlights lessons from water battles and triumphs relevant to all communities seeking sustainability in the age of global climate change. In Hawai'i, epic battles over freshwater resources have illuminated the power and potential of the public trust as a legal tool. The Hawai'i Supreme Court's distillation of the public trust in Waiahole grounds the doctrine in Hawai'i law while incorporating elements of seminal cases from other jurisdictions, weaving them into a comprehensive declaration of law and policy. The court addresses the diverters' argument that the Hawaii Water Code supersedes the public trust doctrine, holding that the public trust was an inherent attribute of sovereign authority and ultimately a constitutional doctrine. The court concludes its public trust discussion by clarifying that courts apply a heightened standard of review in cases involving the public trust.
