Disappeared News

This just in from Rep. Kirk Caldwell. I'll comment in red.

Dear Neighbor,

Although the public is more than a little tired of the Superferry story, there are dimensions to it well worth exploring that will change the way development is planned in Hawaii in the future.  And directly or indirectly this will affect everyone who lives here.

Maybe legislators are tired of the Superferry story, but the people now have to be vigilant because the lege wouldn't let the highest court's ruling stand. There may be need for more protests, and if injuries or even deaths are to be avoided, everyone will have to be very alert. It's not over. 

The Supreme Court ruling

At the center of this change is the ruling issued by the State Supreme Court on August 31, 2007 in the case brought against the State of Hawaii and the Hawaii Superferry by the Sierra Club, Maui Tomorrow and the Kahului Harbor Association.  There are two big takeaways from this ruling that go well beyond the operations of the Superferry.

First, projects that are potentially covered by Hawaii's environmental protection laws, must consider the effects of secondary impacts as well as primary ones in determining if they need to conduct a formal environmental review and what is covered in that review.  Because the State's dock improvements in turn allowed ferry operations, then the impacts of the ferry are among the environmental issues that must be addressed.

If this is one of the "takeaways," how come the Legislature didn't get it? It's just the law as it is currently written. You did the opposite and overruled the court.

Second, the court enunciated that there is an inherent value to public participation.  Public interaction in the review process of an environmental assessment or an environmental impact statement benefits society as a whole.  The court was unequivocal on this point.

These points taken together clarify any doubt that the state, county and business might have had regarding projects they are considering.  Going forward, no more playing chicken with the law. 

The Legislature, particularly the House, did just that—why should we believe it will do anything different in the future? You voted to disregard the law, and to set aside the environmental issues "that must be addressed."

There are those who might label this anti-business.  But the decision establishes certainty for the future.  When it comes to development of our islands, the best policies are clear, open and upfront, rather than vague, private and untimely.  In that respect, this level of certainty is an improvement.

There are of course perfectly clear laws that the Legislature has now muddled and weakened. What should have been "certain" was totally reversed. Next time, we assume you'll just do the same. Suppose another ferry company came knocking at your office door, demanding the same exemption granted to the Superferry. Will you deny them? Will you be comfortable not giving in to business? Do you honestly believe anything will change?

Last year the House caved in to big oil. This year to the Superferry. The welcome mat is out for business interests, particularly those who aim their campaign contributions accurately. 

Lessons beyond the Court

There are long term lessons learned beyond the court ruling.  For all the legal wrangling, point-counterpoint arguing  and emotions within the Superferry debate, there has been some extraordinary common sense savvy. 

At one State House hearing, Maui Council Chair Riki Hokama summed up community sentiment when asking, "When are we saying enough is enough?  Who are we building for?"

Those words should resonate with everyone, whether you are a neighbor islander or a Honolulu urbanite.  In the future they must be asked and openly discussed before the cement is laid.

Why then did the Legislature do its work largely in secret, revealing the work product to the public as a fait accompli?

Are we building for quality rather than volume?

Are we creating self-contained communities where people can live, work and enjoy life without continually burning away hours in order to travel elsewhere?

Are we using the remarkable resources of these islands in respectful stewardship?

For those who say these questions are too much to ask, wait until there is a project that comes along which impacts you, to see how you feel if it is planned entirely behind closed doors.

Finally, there was a very solid reminder that there is a lot more to doing the right thing than can be covered merely by government regulation. 

In the closing moments of the special legislative session, Representative Kyle Yamashita of Maui gave a floor speech in which he recounted conversations with people from his community who had expressed concerns about invasive species that might be carried by a variety of sources.  He called upon everyone to protect against this spread by taking personal responsibility and self-policing. Representative Yamashita got it right.  We all have a role in this.

If he got it right, then why did the Legislature allow the ferry to operate before an EIS was completed? Why didn't you change your vote to no?

These are lessons of law, private and public institutional accountability and personal responsibility that go beyond Superferry operations and which will guide the development choices of our islands in the future.  The recent debate has brought us to an elevated stage of awareness. It will sharpen the focus of the 2008 legislative session on development, sustainability and quality of life.  Let's use the experience and knowledge we've gained for the better

The experience we've gained is that our representatives will ignore the law, override  court decisions that seek to protect the environment, and are willing to overlook the lessons of law, private and public institutional accountability that it should have learned when the Supreme Court ruled that the ferry can't sail before an EA or EIS is completed.

The 2008 session may face issues of ethics, campaign finance reform and other demands that lawmakers be more responsive to people rather than to big business and their hired gun lobbyists.

Sincerely,

Representative Kirk Caldwell

District 24

Manoa, Punahou, Moiliili, University