An Aquaculture Community Site
Environmental review remains a legal quagmire
The argument over environmental review is one of Hawai'i's biggest legal battlefields. The primary weapon is HRS Chapter 343, the Hawai'i Environmental Protection Act. The Lingle administration has not
provided leadership or funding for the agencies involved, and the
implementation of 343 has suffered in the process.
Tags: 343, Chapter 343, Denise Antolini, Fidell, Hawai'i, Hawaii, Jay, Jay Fidell, Karl Kim, Peter
Replies to This Discussion
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Permalink Reply by Benny Ron on -
From honoluluadvertiser.com
Comments for Environmental review remains a legal quagmire
tovahruta wrote:
Once again we reach a quagmire. When will the State stop allowing stumbling blocks to be placed in the way of progress and WHEN will the State realizing that to deny the public their voice is no longer a democracy!
Thank you Jay for continuing to fight the battle!
2/7/2010 3:39:45 PM
wiliki wrote:
I don't think that any system which can be bypassed as in the superferry is perfect.OTOH the validity of a thirty year old EIS should not be questioned. If the state wants another one done then it should pay for the delay. And the re-evaluation should only focus on planning to mitigate new problems that need fixing.
2/7/2010 2:45:34 PM
hawaiidabest wrote:
Well said Konajack, I'm on the environmental counsel and have been pushing for change since I came on board. Mahalo
2/7/2010 8:30:34 AM
NorthShoreGirl wrote:
And the North Shore Community lives daily with the anxiety that Turtle Bay will be allowed to use a 30-year old EIS to build 3,500 more hotel rooms/5 hotels creating complete grid lock on our roads. One wonders what a resonable person would do?
2/7/2010 7:53:41 AM
konajack wrote:
The recent conversation regarding Chp. 343 is an attempt to gut the one law where the community has the opportunity to be heard. Without 343 developers and government itself will run rampant with little thought as to current and future environmental and cultural degradaton. This is all about weakening 343. Lingle and her group slapped the citizens of Hawaii in the face in ignoring 343 while launching Superferry and they got slapped back. We didn't have as good a result with the military's Stryker Brigade EIS, which passed muster despite glaring inadequacies. 343 is not perfect. The EIS's are often inadequate, basically written to gloss over problem areas, and that is what leaves them open to challenge. If the development community actually gave a hoot about the environment they would do them properly, but they don't. (See Honolulu Rail- good luck!)
2/7/2010 6:41:12 AM
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Permalink Reply by Dave Takaki on -
For law to function effectively and with a minimum of collateral damage to society (disbelief in the 'system' is a form of that damage) there must be a perception of clarity and fairness by all. Developer and opponent alike must be able to function in the legal terrain defined. that is, it must be acessable.
Further definition of law occurs in the actual functioning of the statute as well as case law emanating from court decisions. The current administration has administratively cut off the life-blood of the germane agencies to function and the administration itself has avoided adherence to the law. Thus far, the most public case law about HRS ch 343 - Environmental Impact Statements has been about the administration operating in avoidance, if not defiance of application of the law itself.
The expression "Not above the law" includes government in our legal system. When it does happen, it eats away at trust, the foundation of all healthy societies.
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