Legislative action would send wrong message to businesses
William Aila Jr.
When
you hear the term "aloha," most think of love, affection
and lots of warm fuzzy feelings. That's only half the equation. Aloha
also means respect. Respect for this sacred place and its natural and
cultural treasures. Respect for our extended ohana who live on
different islands with unique resources. Respect for the laws that
enable us to preserve our quality of life.
The Superferry is a
test of how committed we are to Hawaii and the aloha spirit. Are we
prepared to ask the tough questions, engage all of our communities in
decision making and ensure that the law applies equally to everyone?
Or is expediting a pet project -- one that has already broken the law
-- enough for us to abandon aloha?
Superferry officials are
putting pressure on legislators to call a special session and gut the
fundamental protection for our resources and lifestyles simply so
they can begin service earlier -- before a review of environmental
and cultural impacts is pau. They are threatening to take their boat
elsewhere if they can't get bailed out of a poor business decision
made years ago. A special legislative session for the Superferry
would be a giant step backward for Hawaii.
The lawmakers who
enacted the Hawaii Environmental Policy Act nearly 30 years ago had
the foresight to provide a process to disclose environmental,
economic and social impacts of government actions. This law is a
critical tool for decision makers to consider community concerns in
crafting the optimal use of public trust resources while mitigating
impacts. The public process benefits both the company proposing a
project and society as a whole because cooperation and coordination
are encouraged and issues that may be of concern are articulated
early -- before the project is under way. Without disclosure, the
state would blindly take actions without knowing what the future
costs or benefits might be.
HEPA is clearly written and its
application is straightforward. Because of this law, Hawaii is better
planned, cleaner and more sustainable.
Superferry and the
Lingle administration chose to disregard the law and proceed without
environmental review. If they were committed to Hawaii's environment
and communities, they would have respected the law and its goal of
protecting public resources, and completed necessary reviews while
other preparations were taking place over the past three years. There
was ample time to do this work, but they chose not to. Das why
hard.
Environmental and community groups alerted Superferry
and the Lingle administration to the need for this review years ago.
When they were rebuffed, they properly pursued enforcement of HEPA
through the judicial system and succeeded. The state Supreme Court
was unanimous in ruling that Superferry operations must be reviewed.
Then the circuit court ruled, after four weeks of testimony, that
Hawaii's law is clear: Review must come before the adverse impacts
might occur. Completion of an environmental review must be a
"condition precedent" to Superferry operations.
The
Superferry's potential effects on the environment and the community
are substantial. Maui Circuit Judge Joseph Cardoza, in his ruling,
stated that without necessary reviews, there is "the possibility
of irreparable injury with respect to the environmental impacts of
Superferry operations on natural resources, protected species,
increased introduction of invasive species and causing social and
cultural impacts."
During the hearings, Cardoza heard
from cultural practitioners who voiced concerns about three
truckloads of imu rock being stolen from a Maui stream. Whale experts
expressed concern about the Superferry's potential to harm calving
whales. They believed slower speeds and different routes would reduce
the possibility of fatal whale strikes.
Cutting the heart out
of Hawaii's environmental protections to exempt a business that
turned a blind eye to the law is no basis for public policy. If the
Legislature carves out a unique exemption for Superferry, other
businesses also might be inclined to "roll the dice" and
flout the law, only to later seek a statutory exemption if they are
taken to task.
Moreover, a legislative "fix" will
only further inflame the situation on Kauai and reinforce some
neighbor islanders' belief that decisions are being foisted upon them
by lawmakers in Honolulu. While many support interisland ferry
service, most want to be sure our environment and communities are
properly protected.
Those of us who have committed ourselves
to this place understand the true meaning of aloha. It is a privilege
to live and work here and our laws serve an important purpose. They
protect our resources and quality of life so that residents and
visitors alike can enjoy what makes Hawaii special. No one wants to
swim in areas littered with invasive limu or hike through forests to
the roar of coqui frogs. Our natural and cultural treasures are worth
waiting a couple of months while environmental review is completed
and proper mitigation put into place.
We'll find out soon if
state leaders understand the true meaning of aloha.
William J.
Aila Jr. is on the executive committee of the Sierra Club, Hawaii
chapter.