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Supreme Court has interpreted this constitutional provision in In re Application of Maui Elec. <br /> Co., 141 Hawaii 249, 408 P.3d 1 (2017): "This substantive right is a legitimate entitlement <br /> stemming from and shaped by independent sources of state law, and is thus a property interest <br /> protected by due process. Although a person's right to a clean and healthful environment is <br /> vested pursuant to article XI, section 9, the right is defined by existing law relating to <br /> environmental quality." <br /> C. Center members have property interest in the land involved in the subject request. <br /> Additionally, Center members also have property interests in the proposed development <br /> area. For example, Center member Elsa KalaniKauleleiaiwi Dedman, has Kuleana land at <br /> Punalu'u (TMK 3-9-6001-007-0000-004). Her 'ohana have resided there for at least eight <br /> generations. Ms. Dedman's Kuleana land is on the coast of Punalu'u beach and is fully <br /> surrounded by the proposed development. <br /> D. Center members are descended from native Hawaiians who inhabited the Hawaiian <br /> Islands prior to 1778, and have practiced those rights which were customarily and <br /> traditionally exercised for subsistence, cultural, or religious purposes at Punalu'u. <br /> The Center has members who are native Hawaiian and who continue to practice their <br /> customary and traditional rights at Punalu'u. For example, Ms. Dedman is a direct lineal <br /> decedent to Mahoe which holds the Palapala Sila Nui, Helu 7585 property. She is the current <br /> property owner to this Kuleana land on the beach of Punalu'u. Ms. Dedman and her 'ohana <br /> have resided on this property and practiced their cultural and religious lifestyle on this 'aina <br /> prior to 1892, continuing to this day. <br /> 2 <br /> CENTER FOR BIOLOGICAL DIVERSITY'S PETITION FOR STANDING IN A CONTESTED CASE HEARING <br /> Appendix B <br />