Gov. Josh Green is actively negotiating a Pōhakuloa deal with the Trump administration and the U.S. Army that violates the Hawaiʻi Constitution’s Article XI mandating public lands be preserved and protected, and Hawaiʻi Revised Statutes 343 requiring environmental review.

Additionally, HRS 205 (pertaining to conservation lands) as well as HRS 171 (prohibiting the sale or gift of public lands except with approval by a two-thirds majority of the Legislature) will likely be violated if Green’s plan moves forward.

The U.S. Army may, under the guise of national security, attempt to circumvent Hawaiʻi law via condemnation and eminent domain.

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However, the governor of the state of Hawaiʻi has sworn an oath to defend and uphold these same laws.
The language in the Hawaiʻi Constitution, Article XI, Section 1 is unequivocal:

“For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaiʻi’s natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people.”

Notice it says the state “shall” conserve and protect — not “may” and certainly not “unless the Federal Government or some other entity pays the State enough money” or “unless the land is taken by condemnation.”

The existing lease for the Pōhakuloa Training Area on Hawaiʻi island does not expire until 2029, yet the governor is insistent that a deal with the Army must be concluded by the end of this year.

On Nov. 5, Gov. Green said he will “convene a Joint Negotiation Team within 10 days to define settlement parameters.”

What’s the rush, governor?

Why not simply ask the Army to follow the law, including by conducting a thorough and complete environmental impact statement; to clean up the lands they’ve degraded during the past 60 years; and to stop the bombing?

Then, and only then, should negotiations begin.

Why not make this Hawaiʻi’s starting point for negotiation?

Why not explain to the Army — as directly, politely, and professionally as possible — that it’s inappropriate, unethical, and illegal for the governor of Hawai‘i to authorize a contract that violates state law and the state’s constitution?

Perhaps Gov. Green could also remind the Army about what happened at the Piñon Canyon Maneuver Site in Colorado. It took that community 10 years, but they never gave up, and the Army ultimately canceled their land acquisition plans.

Perhaps it’s also time for the governor to assure the Army that, although he believes in a strong defense and supports our men and women in uniform, it’s possible the residents of Hawaiʻi will respond negatively, loudly, and publicly, should the Army attempt to take these lands by force.

Imagine the road to Pōhakuloa lined with citizens, day after day, holding signs expressing their views to both hometown soldiers and visitors from other countries.

Imagine this scene at military installations across all the islands.

My hope is that Gov. Green will rethink his fast-track strategy.

Instead, I hope he’ll explain to the U.S. Army and the Trump administration, as clearly as possible, that if they choose to force a land seizure via eminent domain, we will fight them every step of the way using every legal, moral, and ethical tool in the books — until we win.