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Life of the Land (Hawai`i) Transportation Issues
| Ferries | Feds say they didn’t demand
Superferry environmental exemption (September 6, 2007) By Gina Mangieri The U.S. Maritime Administration says it did not demand environmental exemption in order to back the Hawaii Superferry’s loan. In a recent letter, Gov. Linda Lingle told state Sen. Gary Hooser that the Maritime Adminsitration placed such a condition on the loan. But the head of the administration, Sean Connaughton, says that was not the case. Connaughton says the maritime agency only wanted proof of the state and Superferry's prior claims that the harbor improvements could be exempted from review. "Obviously the vessel has to meet every environmental requirement," Connaughton said. “The vessel and the operations do have to meet whatever applicable standards that may exist." In the 2005 loan guaranty, the Maritime Administration stated “all the governmental and environmental clearances” had to be met, including “confirmation that there is no need for an environmental assessment of the port facilities.” The agency says that does not constitute a demand to avoid environmental review. http://www.khon2.com/news/local/9637577.html Superferry opponents cite environmental concerns (September 10, 2007) Advertiser Staff Several activists from Kaua'i held a news conference this morning outside the state Capitol to explain their concerns about the Hawaii Superferry. Some asked Gov. Linda Lingle to tell Superferry to suspend ferry service until the state completes an environmental assessment ordered by the state Supreme Court. Others warned about the ferry's potential impact on Kaua'i's culture and its fish and wildlife. "The Superferry will bring hundreds of people and we are not ready to accept all of them," said Kalehua Ham Young, a kupuna and cultural practitioner. Environmentalists lost in Kaua'i court on Friday when a judge denied their request for a temporary restraining order to keep the ferry from Nawiliwili Harbor. A hearing on an injunction against the Superferry is scheduled for Sept. 17. Mehana Blaich Vaughan, a teacher and student, said the Superferry service is akin to building a highway between the islands. "People always ask us what makes the Hawaii Superferry different," she said. "To us, it's the first time in Hawaii's history that people and their cars have been able to move together simultaneously." http://the.honoluluadvertiser.com/article/2007/Sep/10/br/br0931268574.html Kauai Protestors Look for Support (September 10, 2007) Tim Sakahara - tsakahara@kgmb9.com Protestors brought their songs, signs and support from Kauai to Oahu for a protest outside the State Capitol to talk about all the things they are worried about losing. "Everything, our flowers from the mountains, our maile, our mukihana, our limu from the ocean, our leaves from the river, there are so many resources there that people can come over and take," said Kalehua Ham Young. The protestors called the Superferry a monster and said they are not ready to accept the people that will use it. "Local people won't be able to leave their surf boards in the back of their pickups like they do now, people will have to put locks on their doors, it's going to be a total cultural change from the way we live," said Rich Hoeppner, president of the People for the Preservation for Kauai, one of the groups suing the Superferry. Not everyone who stopped to listen agreed with the protestors. Andrew Tomoso even shouted out during one of the speeches. "Allow us to continue to travel in whatever means necessary," said Tomoso. "Allow myself to travel my islands, all these islands are everyone's. We're all citizens of this state, we should be able to explore the islands on our own." Tomoso lives in Honolulu, but is from Maui and would like another option to go home besides a plane. He questioned why protestors are mad with the Superferry, but not with cruise ships. "Kauai just had a new pier put in to accommodate two cruise ships at the same time, that's thousands per cruise ship, where's the balance on that part alone?" "Most of us we feel the cruise ships don't bring in the cars and the heavy nets and all that kind of stuff. The people just come and leave that's the difference," said Ham Young. They agreed that the Superferry has brought out so many different opinions. While the protestors started out looking for support, it ended with them supporting each other, vowing not to give up their fight. Last week a Kauai judge ruled in favor of the Superferry denying a temporary restraining order which means the ship can continue sailing to that island, but it has not yet set a date to resume service. Meanwhile, a new hearing begins on September 17 to decide if the Superferry will be allowed to continue service to Kauai before an environmental assessment is complete. A similar hearing is going on now on Maui. http://www.kgmb.com/kgmb/display.cfm?storyID=12393&sid=1183 Kauai Superferry Activists Take Message to Oahu (September 10, 2007) By Angela Keen HONOLULU (KHNL) - People from Kauai who are upset over the Superferry took their message to Honolulu. Nearly a dozen activists from the Garden Island traveled to the State Capitol to speak out. They say they want the Superferry to suspend service until an environmental impact statement is conducted. Keone Kealoha from Malama Kauai said, "Any company that loves and respects a special place should be happy to perform an environmental assessment". Rich Hoeppner from the People for the Protection of Kauai said, "We've been saying from the very beginning, get an environmental impact statement before you come here. Nobody has given me a valid answer for any reason to not have an EIS." The groups say they aren't actually protesting the ferry. Instead, they say it is really about all of the potentially invasive things that come with it such as cars. They are asking people to boycott the ferry until the proper environmental reviews are done. http://www.khnl.com/global/story.asp?s=7054157 Kauai Protesters Say They May Block Ferry Again Group Wants Superferry To Conduct Environmental Survey (September 10, 2007) HONOLULU -- Some of the protestors who stopped the Hawaii Superferry at Nawiliwili Harbor on Kauai on Monday went to Oahu to explain why they did it and why they may do it again. The leader of one group said he sent a message to Superferry officials, warning them the last confrontation will "look like a picnic" if the ferry tries to go to Kauai without an environmental assessment. The first protest was a showdown that lasted for hours. As the Superferry tried to dock at Nawiliwili Harbor, protestors in canoes, on surfboards and body boards dodged the Coast Guard. Authorities arrested several people, but the protest stopped the Superferry. The Kauai residents who oppose the Superferry on Monday gathered at the state Capitol. "The Superferry makes it possible for all kinds of cars, buses, coolers straight from the ferry to the aina," Kalehua Ham Young said. The protesters said they felt it was necessary to resort to civil disobedience and block the harbor. "Well, we had tried a number of ways previously quote, unquote the legal way, and that was all turned aside turned a deaf ear to us. So what was there left to do? To bring this to a head to bring it to the attention of general public," Dennis Chun said. The protesters said that until there is an environmental impact statement, they will do it again. "There is no reason to not have an (environmental impact statement). It's state law, and it should be done before they begin operations," People for Protection of Kauai leader Rich Hoeppner said. A number of protesters said they would accept the Superferry if it gets the EIS. Superferry officials were in court on Maui. They were not available for comment.http://www.thehawaiichannel.com/news/14086916/detail.html Ferry critics take case to the Capitol » Biologist says risk of colliding with whale 'very high' (September 10, 2007) By Richard Borreca rborreca@starbulletin.com Opponents from Kauai are pressing their case in Honolulu, saying the Hawaii Superferry should not be allowed to come to the Garden Island without an environmental study. Meanwhile, Kauai residents are divided over the stalled project. At the state Capitol yesterday, 20 activists held a news conference to drive home their concerns that the ferry will increase problems of overcrowding, traffic and invasive species on the largely rural island. "Aloha isn't letting anyone come to your home and do whatever they want, then quietly cleaning up after," said Mehana Blaich Vaughan. "Aloha is taking good care of whatever is your kuleana so that you'll always have something to share." Late yesterday, Superferry officials said the Kauai service was canceled through Friday. "Talks among law enforcement agencies and the Coast Guard about providing Hawaii Superferry secure access to Nawiliwili Harbor continue," officials said in a news release. "We have not yet been given assurances from the Coast Guard for safe passage into Nawiliwili Harbor." On Friday, Kauai Circuit Judge Randal Valenciano declined to block Superferry service to Nawiliwili. On Maui a circuit judge blocked the Superferry service after the Hawaii Supreme Court ruled Aug. 23 that the state had to perform an environmental assessment for the state harbor improvements done on Maui to accommodate the boat. Service to Kauai was stopped after angry protesters blocked the path of the ship in the Nawiliwili channel and disembarking passengers were cursed and heckled. "We extend sincere apologies to anyone offended by the action of a few protesters," Blaich Vaughan said. "And we regret that while the vast majority of actions were peaceful, unified and calm, the media chose to showcase one moment in which a vehicle accelerated into a line of protesters and a few reacted irrationally." The Coast Guard said it could not assure the safety of protesters, the boat or its passengers, so company officials suspended operations to Kauai last week. The controversy has bitterly divided Kauai, which has an economy dominated by tourism, agriculture and employment at the Pacific Missile Range Facility. "The whole thing is really sad," said Lori Cardenas, a Kauai resident. "It has been very polarizing, and I don't think anybody is winning." Cardenas, who owns Aunty Lilikoi, which sells jams and jellies, said the protests and the halted service hurt "opportunities for growth for small business," adding, "My biggest untapped market is neighbor island locals, and I was hoping (for) more." Others, however, see the ferry as a threat to Kauai's environment and a danger to whales and seals. Annaleah Atkinson, co-founder of Kauai Mediation Works, who signed a petition opposing the Superferry, says the controversy is the No. 1 topic of discussion on Kauai. "There is a lot of concern on all different sides. ... There is concern for 200 extra cars a day coming and what it will do to our traffic," Atkinson said. "It is going to impact our lifestyle negatively," she said. As a professional mediator, Atkinson said she is hoping that both the ferry and the community can sit down to work something out. "I think a lot of people are feeling that it is inevitable," she said. "I believe that the wisdom and goodness of humanity can make things right." Biologist says risk of Superferry colliding with whale is ‘very high’ (September 11, 2007) By Gary T. Kubota gkubota@starbulletin.com WAILUKU » A marine biologist said there was a "very high likelihood" of humpback whales being struck and hurt by a vessel traveling higher than 16 mph -- well below the top speed of about 45 mph for the Hawaii Superferry. Hannah Bernard testified yesterday in Maui Circuit Court that studies of ferries show higher speeds increase the difficulty of seeing humpback whales and avoiding them. Bernard was the first witness yesterday on behalf of citizen and environmental groups seeking to require Superferry officials to complete an environmental assessment before operating the catamaran-style vessel. Maui Circuit Judge Joseph Cardoza denied a motion by the groups' attorney, Isaac Hall, yesterday to rule that, as a matter of law, the operation of the Superferry should be halted pending completion of its environmental assessment. Cardoza ruled a couple of weeks ago that the Superferry required an environmental assessment, but has not decided whether to allow the interisland service to continue operation while conducting the study. Cardoza decided yesterday to extend a temporary restraining order to halt the Superferry operation through 2 p.m. today. The Hawaii Superferry started service Aug. 26 between Oahu and Kahului Harbor but was forced to halt operations two days later after Cardoza issued the temporary restraining order. The court hearing continues at 10 a.m. today, with Hall continuing to call witnesses on behalf of Maui Tomorrow, the Sierra Club of Hawaii and the Kahului Harbor Coalition. The hearing could take days if not weeks. Hall alone has presented a list of 28 potential witnesses, according to a Superferry attorney, and officials with the state Department of Transportation and the Superferry are expected to also call witnesses on their behalf. Superferry attorney Lisa Munger indicated she did not want the court hearing to become a "filibuster" to continue the temporary restraining order halting the operations. Much of yesterday was spent with Bernard on the witness stand and attorneys arguing about her qualifications. Cardoza eventually accepted her as an expert witness. Bernard, who sits as an adviser on a Pacific scientific review group with the National Marine Fisheries Service, said studies have shown increasing the speed of the vessel results in serious injury and mortality to marine mammals. Bernard said in Glacier Bay, Alaska, where there are humpbacks, the speed of vessels is limited to nearly 15 mph and is lowered to 11.5 mph in waters known to have more whales. She said Superferry officials' plan to reduce speeds to 27.6 mph during humpback season was inadequate. By comparison, interisland barges travel at 13 to 20 mph, according to the Pacific Whale Foundation. Bernard also said the Superferry plan did not sufficiently address the other marine mammals, including pilot whales and dolphins, present throughout the year in Hawaii. http://starbulletin.com/2007/09/11/news/story05.html Hawaii: Superferry Protests (September 11, 2007) By CHRISTOPHER PALA Published: September 11, 2007 Several citizens groups from the island of Kauai traveled to Honolulu, on Oahu, to warn of dire consequences if the Hawaii Superferry resumed service to Kauai without court approval. The giant twin-hulled ferry was designed to transform transportation between the Hawaiian Islands for tourists and residents. John L. Garibaldi, the superferry’s chief executive, said there was no legal obstacle to the ship’s return to Kauai. Service was stopped after two days when protesters prevented the ship from docking. A lawsuit has been filed to force the Superferry to have an environmental assessment performed http://www.nytimes.com/2007/09/11/us/11brfs-SUPERFERRYPR_BRF.html?ex=1347163200&en=d347164fa254f830&ei=5088&partner=rssnyt&emc=rss Superferry Environmental Check Not Uncommon Ships Besides Superferry Went Through Review (September 9, 2007) State records show that cruise lines and freight ships using Hawaii's harbors had to go through environmental reviews similar to what's now required of the Hawaii Superferry. Department of Transportation Director Barry Fukunaga had said that the Superferry was being treated unfairly. But The Honolulu Advertiser reports that DOT records indicate recent harbor projects for Matson Navigation Company, Young Brothers, American Hawaii Cruises and other users also went through environmental assessments. In the Superferry case, the Hawaii Supreme Court ruled August 23 that state transportation officials made a mistake when they exempted the ship in 2005 from having to conduct an environmental assessment. The state spent $40 million in taxpayer money on barges, ramps and other equipment for the Superferry at four island ports. http://www.thehawaiichannel.com/news/14079029/detail.html Supreme Court of Hawai`i Blog (Unofficial) News and commentary about the Supreme Court of Hawai`i and legal issues (September 9, 2007) Wide range of Superferry opinion in The Maui News From State Rep. Joe Souki today: Sunday, September 09, 2007 It’s time to put the finger-pointing behind us . . . . . . The divisiveness in the community caused by the Superferry was surprising and alarming. Surprising? From the Maui County Democratic Party blog in February: The Maui County Council voted for a Superferry EIS. The Mayor asked for one. The Democratic Party of Hawaii asked for one. But... Joe Souki (Representative for District #8 Wailuku and portions of Kahului) killed the bill in the House. What's up with that?! From State Transportation Director Barry Fukunaga today: No environmental assessment was required or requested when Pasha Transport Lines introduced vehicle delivery service or new cruise ships commenced interisland service. Nor was there a requirement to impose similar scrutiny to Matson Navigation when it introduced larger vessels or a mobile crane at the Kahului Harbor. . . . It is unfortunate that our decisions . . . are being inaccurately characterized as illegal . . . Inaccurately characterized as illegal? Perhaps Mr. Fukunaga hasn't had time to read the Supreme Court's unanimous 104-page opinion yet. From city editor and columnist Ed Tanji on Friday: The argument that existing freight operations and cruise ships were not required to prepare environmental impact statements when their loads clearly have environmental and traffic impacts seems perversely resigned to a principle that once one error slides through, so should all the rest. http://hisupremecourt.blogspot.com/2007/09/wide-range-of-superferry-opinion-in.html Ferry a target for frustrations over Neighbor Island development (September 9, 2007) VIEWPOINT by JOSEPH SOUKI Hawaii has spent the past few weeks in what could be termed “Superferry Crisis.” It’s time to put the finger-pointing behind us and focus on understanding how we got to this juncture, finding a solution that allows the Superferry to set sail and learning a good lesson as we chart a future course. The matter is complex and the issue is now primarily before the courts, but the Legislature must also be prepared to address what will probably still be a controversy for Hawaii next session. For one thing, the state environmental review law is not crystal clear regarding what projects require an environmental assessment and that has contributed to the confusion. The Legislature must take a hard look at how we can tighten up the law. In 2005, a decision was made by the state Department of Transportation, based on a good-faith interpretation of the law, that the Superferry was exempt from preparing the EA. In 2007, a bill was introduced in the Senate proposing to overturn that decision. The bill required that a full environmental impact statement was necessary prior to the Superferry’s launch. Contrary to what has been reported in the media, the bill that crossed over to the House still required the EIS prior to the ferry’s start of operations, and was not a so-called compromise bill. The language of the bill was ambiguous, and I received no communication or request from the Senate to clarify the bill otherwise. At that time, I chose not to hear the bill in the House. I did not feel we should jeopardize the Superferry’s ability to start operations in the summer of 2007 by reversing the state’s decision at about the same time as the scheduled launch. It would have been a terrible message to send to business. The Superferry also had conducted environmental studies outside the formal environmental assessment process. That said, the Supreme Court has ruled that the environmental assessment is required, and we must respectfully accept that ruling and find the best solution. The divisiveness in the community caused by the Superferry was surprising and alarming. In all my years serving in Hawaii’s Legislature, I don’t think I have ever come across an issue that divided our state and its people on so many levels. In the short term, we should reach a compromise under which the Superferry is allowed to operate in all Neighbor Island ports while conducting the environmental assessment. The compromise could include requiring stricter safeguards. Measures the Superferry already planned to take to ease traffic congestion, prevent invasive species from moving between islands and avoid disrupting ocean life might also be strengthened to allay the concerns of island residents. The long-term solutions are more of a challenge. The Superferry controversy highlighted certain critical issues in our state that cannot be overlooked. I feel that the animosity of the Neighbor Island residents would not have risen to such intensity if we had resolved, or at least relieved, some of their traffic, housing and infrastructure problems. They understandably vented their anger and frustration on the Superferry, which they saw as a harbinger of further congestion, higher prices and intrusion into their lifestyles. The Superferry saga showed that as Hawaii continues to grow and develop, we have to really evaluate what’s important to us. It is no longer as simple as environment vs. business or progress vs. maintaining old ways. I doubt we’d have seen such acrimony and protectionism from some groups on the Neighbor Islands were it not for the explosive growth in population and tourism experienced in their communities and the side effects felt by residents. The past few weeks have demonstrated that there are many voices throughout Hawaii talking about our changing state. They deserve to be heard. People have described our current situation as a “fiasco” and a “disaster.” That’s not how we want the rest of the world to picture Hawaii. Let’s not let the Superferry debate drive the wedge deeper. Instead, let’s focus our collective talents and energy on learning the lessons of this situation and finding solutions with input from all the stakeholders. Joseph Souki is a state House speaker emeritus and chairman of the House Transportation Committee. A Democrat, he represents District 8, Wailuku-Waihee-Waiehu-Puuohala-Waikapu. http://mauinews.com/columns/2007/9/9/01joe0909.html State DOT's defense of Hawaii Superferry decisions: We've always done it this way (September 9, 2007) Transportation Director Barry Fukunaga's Superferry op-ed in today's Maui News is a tour de force. Fukunaga provides an explicit and unrepentant rendition of the "We've always done it this way" defense: *The Supreme Court's opinion contradicted "long-held state policy." *The requirement for environmental review "far surpasses what was previously required under the environmental statute and prior cases." *"[O]ur decisions [were] consistent with previous state practices." (Not quite the "New Beginning" offered by Gov. Lingle's campaign, huh? "Why be a Republican in Hawai‘i? . . . In the GOP you can have new ideas. The GOP’s motto is not 'We’ve always done it this way!'" Oops.) Of course, the Supreme Court has previously rebuked this sort of justification. He then offers up some red herrings: Is the DOT now required to conduct environmental reviews to evaluate the secondary impact of every type of vehicle that could or would use our roadways, for every minor improvement or routine repair project? . . . Airports and airlines, which transport significantly more passengers than the Hawaii Superferry, also have not been held subject to an environmental review as a condition of beginning or expanding service, except for situations where they construct new or expand existing facilities. (Note: Uh, yeah, it's the new or expanded part that triggers environmental review.) Next, he apparently borrows from Hawaii Superferry promotional materials: Hawaii Superferry officials have been sensitive to environmental concerns and voluntarily adopted numerous measures in response to comments and expressions of concern that have been brought before them. The state Department of Agriculture has assessed the ferry’s operations and worked with the company to develop acceptable and appropriate inspection procedures. . . . The argument has been made that the Superferry is too fast to avoid whales. Critics ignore the ferry’s high maneuverability and that both the route and speed will be adjusted during whale season. He closes with a swipe at the Sierra Club, Maui Tomorrow, and the paddlers who brought the Superferry legal case, charging that they are disingenuous and don't have local values: The serious issue we face today is not whether environmental laws are unnecessary or wrong, but that their selective use to oppose certain businesses and operations by those who don’t want them is contrary to what these laws were established to address and what our islands are about. This is ambitious and aggressive work from somebody who's been on the job for less than a year. But will this actually convince anyone to change their mind? http://hisupremecourt.blogspot.com/2007/09/state-dots-defense-of-hawaii-superferry.html Cronyism fueled Superferry fiasco (September 10, 2007) The Superferry fiasco is the latest example of crony capitalism that is running amok both in this state and in the federal government. The Lingle administration made a sweetheart deal with some big-time ex-military investors (to access both state and federal tax monies to subsidize the Stryker-carrying "swift boat"), and tried to fast-track the deal with minimal concern toward environmental effects and opinions of neighbor island residents. When the Supreme Court voted to require the Superferry to do an environmental assessment, both the Superferry execs and the Lingle administration -- instead of following the law -- went into a "surge" mode of purposely launching the ferry service immediately. And the governor even applied the Bush-type logic that the state's $40 million bond to finance the harbor improvements dedicated to the ferry is now in jeopardy. That's similar to the logic of a bank robber -- caught red-handed -- who protests that his jail sentence would put undue hardship on his family! The so-called "black eye on business" in this Superfiasco episode -- if indeed there is one -- is due entirely to this increasing trend of crony capitalism's corruption, which is the defining feature of a failed state. Danny Li, Honolulu http://starbulletin.com/2007/09/10/editorial/letters.html Maui likes ferries, just not the Super kind (September 7, 2007) Pacific Business News (Honolulu) - September 7, 2007 by Chad BlairPacific Business News Even as the Hawaii Superferry sits idle and empty at the dock, a ferry business that has been connecting two islands for years is adding a fifth boat and expanding service. The Maui-Lanai ferry, run by Expeditions of Lahaina, has been running passengers across the 20 miles of ocean between Lahaina and Manele harbors since 1989. It runs five round-trips daily on a variety of vessels and on Oct. 1 the company will add a second route, from Maalaea Harbor to Manele. Mark Birdsall, comptroller for Expeditions, said the ferry service was originally launched to transport construction workers from Maui to Lanai to help build the Manele Bay Hotel and The Lodge at Koele. Today, most of the passengers are Maui visitors and residents traveling to Lanai to play golf, while Lanai residents go to Maui to shop or visit family. Unlike the Superferry, which can carry up to 866 people and offers food, drink and entertainment, the Maui-Lanai ferries offer few frills and space for between 62 and 149 passengers, depending on the vessel. In 18 years of operation, the ferries also haven't stirred up opposition from the Maui environmentalists and community groups who succeeded in shutting down the Hawaii Superferry. The Maui ferries run at about 20 knots across the Auau Channel, a busy thoroughfare for whales, but Birdsall said mishaps are rare. Last year, a mother and calf bumped into an Expeditions boat. Concerns about whale collisions are one of the primary arguments made against the Superferry by its opponents. With one-way trips across the Auau Channel costing $50 and lasting under an hour, the Maui-Lanai ferry is usually cheaper and always more convenient than catching a plane that must connect through Honolulu. "July was the first month we broke 17,000 passengers," Birdsall said. "We just picked up a fifth boat, a 55-foot catamaran, for the Maalaea trips." Expeditions' challenge now is to secure mooring at Maalaea, where a waiting list can take years. But Birdsall expects the new catamaran to either tie up to a dock or anchor in the bay overnight, and make two trips a day to Lanai. "We provide a necessary service to these people, especially the folks who work at the hotels," he said. "A lot of time we're also taking school sports teams back and forth. The only thing that stops us is bad weather, which isn't too often." Don Medeiros, director of the County of Maui Department of Transportation, calls the ferry "a viable service. I've taken it myself for public meetings and it's just great." County bus schedules have recently expanded to link up to Lahaina and Maalaea. (The ferries do not transport automobiles.) "In essence, you come off the ferry, you get on the bus, and you can go pretty much anywhere on the island," Medeiros said. Maui also has a second ferry service. The Maui-Molokai ferry operated by Lahaina Cruise Co. between Lahaina and Kaunakakai runs twice a day. This ferry's origins began with a Lahaina-Honolulu service that lasted only six months in the late 1980s. David Jung, owner of Lahaina Cruise, said the ferry couldn't compete with the well-established infrastructure of the interisland airlines. But the state wanted a ferry service between Molokai and Maui to aid Molokai residents suffering from high unemployment. An average of 20 people a day still commute to work at hotels in Kaanapali and many hotels help pick up the $40 tab. "We've been doing this quietly with no support from the state," Jung said, adding that the ferry was subsidized until the late 1990s. "It's really a gift to the state of Hawaii, and we should publicize it more." cblair@bizjournals.com | 955-8036 http://pacific.bizjournals.com/pacific/stories/2007/09/10/story3.html?i=96535&b=1189396800%5E1517589 Honolulu Star Bulletin (September 10, 2007) OUR OPINION -------------------------------------------------------------------------------- Clarify law on need for environmental review THE ISSUE The state Supreme Court's ruling in the Superferry case is causing concern about its effect on other projects. THE state Supreme Court's ruling in the Superferry case is prompting the state to reconsider other decisions to embark on projects without conducting environmental assessments. While exemptions from such assessments are allowed by legislation, a better approach would be to clarify the law to removed doubts about when assessments are necessary. The high court ruled that state transportation officials wrongly exempted the Superferry from assessing environmental effects before it began operation. Since then, state Deputy Attorney General Myra Kaichi has advised the Molokai Ranch that it withdraw from a state irrigation system on Molokai "as quickly as possible" because no environmental assessment has been done for renewal of its lease, which expired in April 2006. Molokai Ranch uses the state-run irrigation system to provide more than a million gallons of water daily for the industrial park at Palauea, the golf resort at Kaluakoi and Maunaloa Town. A group of Hawaiian homesteaders have argued that an environmental study should have been conducted before approval of the a new agreement, which is proposed to extend to 2011. First Deputy Attorney General Lisa Ginoza told the Star-Bulletin's Gary T. Kubota that the high court's decision was of "great concern" because it "creates quite a bit of uncertainty. We do see some real challenges." The 1998 Legislature exempted the state's purchase of the Waiahole Ditch from Amfac JMB/Hawaii from the environmental assessment requirement. That precedent should not lead to a string to exemptions, but neither should the Supreme Court's interpretation of the law be used to further Hawaii's reputation as hostile to business. http://starbulletin.com/2007/09/10/editorial/editorial01.html Hawaiian Superferry: Tourist Transport or Military Menace? (August 28, 2007) The Hawaiian Superferry is in troubled waters. The recently completed vessel went on its maiden voyage today to the consternation of many protesters; surfers actually blocked the ferry from docking in Kauai until the Coast Guard got involved. A judge on Maui issued a restraining order today blocking the ferry from docking in Maui’s harbor, just hours after its second trip there. Environmentalists want extensive impact studies and reviews completed before the Superferry begins its routes. While many here look forward to an alternative mode of interisland transport, others are concerned about spreading invasive species, endangering whales and increasing pollution as well as straining an already suffering infrastructure (traffic congestion, no parking, crumbling harbors and highways). These paddlers on Maui weren’t prepared for the large, disruptive wake from such a fast ship. Why all the fuss? The airlines are already in a fare war so they’re probably none too thrilled. This article explains many businesses stand to benefit from the convenience of driving a truck laden with goods between islands; but Young Brothers has had a monopoly on the market for years and can’t be too happy either. This site, Superferry Impact, gives a nice round-up of the controversy. Most interesting is – no surprise here – the military finds them quite useful. In fact this article points out that there are far more fuel efficient and less environmentally dangerous vessels in existence, but they weren’t chosen for Hawaii. Why? They can’t carry Stryker Brigades, hummers, helicopters, and other equipment (which could even become contaminated with depleted uranium). The article goes on to point out that the Chair of the Superferry board is John Lehman, a former Navy Undersecretary during the Reagan years and member of the 9/11 Commision, and claim, “The Superferry was foisted on Hawai‘i to meet a new mission for the US military. That mission: To have civilian looking high-speed military transport, manned by subcontractors, available at short notice to deliver assault troops and equipment, anywhere in the Pacific.” Apparently the military has identical ferries other places around the world and finds them convenient and unobtrusive. Camouflaged by civilian ownership and use, they could be commandeered if necessary. From the Pacific Business News in 2005, “With Lehman’s expertise, the Superferry plans …essentially to carry military equipment and ferry vehicles from O‘ahu to the Big Island on a daily basis.” Lehman told PBN that ‘This logistical plan will make it easier for soldiers to train when the Stryker Brigade comes to Hawai‘i.’” He also was quoted as saying, “Power corrupts, but absolute power is pretty neat!” There is no doubt that Hawaii is very important strategically. The Big Island in particular has been the subject of a lot of controversy in regards to its Pohakuloa training facility; an acquaintance of ours is a former Marine who worked in what he called an enormous underground city there, replete with fast-food joints and malls, but I can’t prove that. We do see quite a bit of large military transport arriving and then just disappearing in the middle of nowhere out there. Those of you into the global grid will note the Big Island lies at 19.5 degrees latitude. Do I have to add the number of UFO sightings we have? A second ferry is being built to serve the Big Island starting in 2009. http://surfingthetao.com/2007/08/28/hawaiian-superferry-tourist-transport-or-military-menace/ Ferry Underestimated Risk of its Decisions. Honolulu Advertiser September 7, 2007 Superferry protest brings back memories of another Maui protest. Maui News. September 4, 2007 Superferry: Megaproject arrogance. West Hawaii Today. September 1, 2007 Megaproject arrogance. The Garden Island. August 29, 2007 Maui News Editorial: No room for mistakes. August 8, 2007. What has been clear in recent years is there is no room for government officials and employees to be sloppy. That’s exactly the case with the county with the so-called Montana Beach affair and the state with its handling of the harbor in connection with the Superferry. If government on the state and county levels doesn’t follow its rules and regulations, there will be someone, or a group of someones, ready to pounce with legal briefs in hand. With the advent of the Internet, there’s no need to even visit a law library. That should be fair warning to everyone in government. Environmental Council Declaratory Ruling re Superferry. February 2007 Statute requires EIS if public money involved. Honolulu Star Bulletin. March 14, 2005 |
| Mass Transit: Rail & Buses |
Honolulu Transportation Alternatives
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Cars |
Honolulu to Try Car Pool to Solve Traffic Problem. The New York Times, September 11, 1971 |
| Cruise Ships | Coalition wants dumping to stop: Environmental groups aim to establish strict laws for cruise ships Honolulu Star Bulletin February 2, 2005 |