Public Access Shoreline Hawaii

From dKosopedia

Public Access Shoreline Hawaii (PASH), was founded by and its president was Jerry Rothstein.

Kohanaiki

Rothstein's lawsuit over a coastal development in Kohanaiki on the Big Island resulted in a 1995 landmark Hawaii State Supreme Court decision, [1], affirming Native Hawaiian gathering and cultural rights on private property.

BLNR shoreline certification rules

In July 2005, Earthjustice, on behalf PASH and the Sierra Club Hawaii Chapter, filed a lawsuit in the Circuit Court of the State of Hawai'i, First Circuit, against the Board of Land and Natural Resources and its Chair, Peter Young, challenging the definition of the "shoreline" under the BLNR's shoreline certification rules. [2]

The BLNR had established a "blanket preference for the "vegetation line" over the "debris line" in determining shorelines. This fixation on vegetation, even where waves push debris further inland, has exacerbated erosion and loss of public beaches statewide by allowing development too close to the ocean and encouraging landowners to appropriate public beach by artificially extending the vegetation line seaward." [3]

In December of 2005, "the citizen groups agreed to drop the lawsuit in return for the BLNR's agreement to initiate the process of amending the definition in the rules to remove any language suggesting a blanket preference for the vegetation line in determining the shoreline." [4]

In October 2006, the Hawaii State Supreme Court "issued a ruling strongly reaffirming that the shoreline in Hawai`i, which marks the boundary between public beach and private land, extends to the highest wash of the waves, and rejecting the use of artificially planted vegetation to determine the shoreline." [5]

External links

• PUBLIC ACCESS SHORELINE HAWAII Hawaiian Independence website.
• Court decision on PASH case gives Hawaiians new voice in development Pacific Business News, September 9, 1996.
• Fishing for beach access -- Didi Herron wants to go to her usual spot; a resort cites liability and 9/11 to keep her out Honolulu Star-Bulletin, October 6, 2002.
• Dayton, Kevin. Big Island activist, wife killed Honolulu Advertiser, January 25, 2005.
• Crash takes land-rights maverick -- Jerry Rothstein forged a strong alliance with Hawaiian interests Honolulu Star-Bulletin, January 25, 2005.
• Lawsuit makes waves over access to shorelines Pacific Business News, August 22, 2005.
• Citizens Challenge Process for Determining Shoreline, Public Beach in Hawaii EarthJustice, July 25, 2005.
• Settlement Reached In Hawai`i Beach Public Access Lawsuit -- State of Hawai`i will reconsider definition of 'shoreline' Earthjustice, December 12, 2005.
• Groups drop shoreline suit -- State Land Board officials agree to rework rules defining where a public shoreline begins Honolulu Star-Bulletin, December 13, 2005.
• Agreement will benefit public and beachfront landowners THE ISSUE: The state and two public interest groups have settled a lawsuit about shoreline boundaries. Honolulu Star-Bulletin, December 15, 2005.
• Hawai`i Supreme Court Issues Landmark Decision on Public Access to Beach -- Shoreline reaffirmed at highest wash of waves; use of induced vegetation rejected Earthjustice, October 25, 2006.
• TenBruggencate, Jan. No easy answers on seawalls Honolulu Advertiser, January 29, 2007.