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by Juan Wilson on 18 October 2007 Revision 3.2 071018
The Business Before Us
The most important legal issue facing the state of Hawaii today is the
operation of the Superferry. From a judicial standpoint the issue has
been decided. The Hawaii Supreme Court has ruled that our environmental
protection law (Chapter 343) requires that the Superferry conduct an
Environmental Assessment (EA) that would likely lead to an
Environmental Impact Statement (EIS). Those processes could take three
years. The law specifies that the operation of the Superferry cannot
take place until the environmental studies are completed and a permit
to operate issued. The Superferry is tied up in Honolulu. Case closed.
Not quite. The governor has called for a special session of the
legislature to pass a law to exempt the Superferry from our state laws.
An out of control executive branch can flaunt the law if it whips up
enough fear and populist fervor.
This has already happened at the federal level. After entering
Afghanistan, the then popular Bush saw an chance to go after the oil in
Iraq and Iran. He falsely pointed a finger at Iraq and got a green
light and blank check from the US legislature to take us down the
course we have followed for the last five years. We got the Patriot
Acts One and Two. We got lies about WMDs. Bush tossed the Geneva
Convention and we got torture and Abu Ghraib. We got lots of exceptions
to the rules... all to advance a hidden agenda.
Needless to say, it has been a disaster. We have squandered good will,
money and blood. We are hated by many and almost bankrupt, as Bush
struggles forward into the deepening quagmire.
Chief Executives Out of Control
How does that relate to Hawaii? Well, we have an out of control chief
executive running our state. She is Governor Linda Lingle. Her
rightwing agenda is to serve big business and the military. The perfect
expression of these two goals is the building and operation of the
Superferry.
The Lingle Administration conspired with the Hawaii Superferry
Corporation to clear the legal hurdles for the ferry to get up and
running on an expedited schedule. That path did not include any
environmental review. I call this cabal the "SuperConspiracy". Despite
much evidence to the contrary, the SuperConspiracy denied that the
ferry had military links to the peculiar location of the Stryker
Brigade in the State of Hawaii. The siting of the Strykers in Hawaii
happened without an EIS too and is being challenged now.
To operate as a profitable private business, the Superferry builder,
Austal LTD, advised the SuperConspiracy to design a much smaller ferry
with greater energy efficiency. However, the ships were built to
military specifications (to carry the large Stryker force) with
nonmilitary state and public funds. The Governor had learned the first
lesson of the Bush governing style: Loot the public trust to fund your
military-industrial agenda. Privatize your war making capability.
The SuperConspiracy charged ahead like a rhino. When the Supreme Court
made its historic ruling on an EA requirement, the SuperConspiracy
decided to accelerate the start of operations. They decided to jump the
gun on scheduled service to Kauai and Maui for a ridiculous five
dollars a pop. It was a popular idea on Oahu. Then they hit the brick
wall. Maui and Kauai would not play ball. By legally (Maui) and
physically (Kauai) blocking entry to their harbors, they foiled the
SuperConspiracy.
Superferry is to Lingle as Iraq is to Bush
This is where we come to the analogy of Bush/Iraq and
Lingle/Superferry. Both executives have made disastrous choices. They
have appealed to populist sentiment and used fear mongering. They both
have used appeals to their legislatures to turn over the law of the
land.
There is no doubt that the decision to enter into Iraq has been a
disaster. The responsibility rests with the US Congress that gave Bush
the go ahead in 2002. The Kauai anti-Superferry demonstrators, called
kooks today, were the same people who were demonstrating against
entering the Iraq War, claiming that George Bush was leading us down a
rat hole. I know, I was there. We held signs that read "No Iraqnam",
"No Blood for Oil" etc. I suspect some of you that then shook your
heads and shouted at us from your SUV's are the same ones who support
the Superferry now. After five years in Iraq, are you still supporters
of our Iraq policy? Getting it right with foresight is important.
For George Bush, the real issue of his presidency should have been to
solve America's environmental and energy problems. Instead, to obtain
cheap oil, he has made both problems worse by creating an unending war
in the Middle East. Besides blaming the US Congress for Bush's folly,
we can blame ourselves for ignoring our Constitution to go on with
cheap happy motoring.
The Governor is now asking the Hawaii Legislature to do much the same
thing over the Superferry. She is demanding that the legislature simply
ignore the laws of the State and give the SuperConspiracy the
green-light to do whatever it wants. For what? Once again, for our
motoring convenience - Interstate H-4.
A Bad Exception to the Rule
This exception would allow the Superferry to begin unrestricted
operations during the period of an environmental review process. This
is the equivalent to asking to have unprotected sexual relations while
awaiting the results of an AIDS test. No way.
What will the results be if the SuperConspiracy gets it's way. An
environmental disaster for humpback whales, sea turtles and monk seals
is a possibility. We really don't know if humpback whales can share
their calving waters with daily operations of a 40 mph ferry the size
of a football field.
But that possible disaster will only be the beginning of the story that
is unraveling. The precedent of an exception to environmental law for a
"popular" program, regardless of its environmental impact, will be even
more sinister in the long run. We will be able to blame our clueless
legislature to no avail.
The floodgates will be open. Any corporation speculating on doing big
business in Hawaii will be tempted to lobby for an exception to Chapter
343 on grounds that their project is popular and good for Hawaii.
If that happens the governor will have reached a major milestone on her
real agenda - the unrestricted growth of business and the military in
Hawaii. The irksome environmental laws protecting us will be swept
under the carpet or ignored, much like the Kauai Planning Department
ignores pesky Special Management Area (SMA) requirements and Visitor
Destination Area (VDA) restrictions.
This will be a catastrophe for Hawaii. Of course the people on Oahu
won't recognize it as such. There are almost a million people on Oahu.
On its own, Oahu is already lost, not sustainable and overburdened by
development. Where the real difference will be is on the Outer Islands.
Suburbanization will accelerate on the Big Island, Maui and Kauai.
If our legislature lays waste to the intent of Chapter 343, it will be
the kiss of death for rural Kauai. We'll be a suburb of San Diego.
According to one state senator I spoke to, this Special Session of the
legislature is a done deal and there are not the votes to stop an
approval of starting some sort of ferry service. The only question left
is what, if any, restrictions there might be on their operations. His
suggestion was to make the legislature hear our voices from the outer
islands. Make a great wind.
A Compromise to Save our Islands
No consensus is possible between the SuperConspiracy and those
committed to the aina. The best we can hope for is for is that the
legislature realize they will be stuck with the responsibility for the
ensuing mess if they enable this "Drunken Sailor".
It appears Lingle has no intent to admit she has made even a tiny
mistake in any of this. She is not even looking for a way to back out
of the corner she has painted herself into. If necessary, she is going
down with the ship. We will have to rely on the judgment of the
legislators. We can hope that they have the depth of character to look
beyond the short term and angry disappointment. Getting it wrong on
this issue will be giving up on a sustainable future for Hawaii.
I believe that part of the populist support for the Superferry stems
from the inherent understanding of the environmental gloom facing Oahu
and the desire to have free access to the resources and space of the
outer islands.
But, solving that problem is the real issue, not getting the Superferry
running. If there is any sustainable solution for Hawaii after the Peak
Oil Wave passes over us, it will be founded on the outer islands which
are not overdeveloped. There we can grow food and provide resources
that will be needed throughout the state. To overrun these islands now
with "easy access" and "economic growth" will doom all of Hawaii.
There is a small window of opportunity to affect our legislature. Let
them know the conditions under which you would allow passenger ferry
service to begin between the islands. Maybe we'll be lucky and those
conditions will be reasonable to the legislature yet unacceptable to
the SuperConspiracy.
Governor Lingle's "Patriot Act" is on the table. Act now!
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