Homepage > Honolulu News

Sierra Club Releases Statement On Ruling

Environmental Group Says Law Upheld In Case

POSTED: 10:30 am HST March 20, 2009

comments
Bookmark and Share
The Sierra Club on Friday released a formal statement on the Hawaii Supreme Court ruling that resulted in the Hawaii Superferry halting operations.

The Hawaii Supreme Court on Monday ruled that a law allowing the Superferry to operate while conducting an environmental impact statement was unconstitutional.

The Hawaii Superferry announced on Thursday morning that it will pull its ship out of Hawaii, at least temporarily.

Superferry workers laid off by the shutdown are meeting with labor officials on Friday to work on unemployment, medical coverage and job searches.

Here is the statement from the Sierra Club:

In a unanimous March 16 ruling, the Hawai`i Supreme Court affirmed that businesses need to follow the laws set up to protect the health and safety of Hawaii's people, and the environment they call home. The Court's decision also made clear that Hawai`i's environmental laws apply equally to everyone -- even corporations lobbying for special exceptions.

As one of the three plaintiffs in this matter, the Sierra Club pursued legal action for one purpose only -- to uphold the key principle of Hawaii's environmental law, namely that an environmental review must take place prior to beginning a project that involves commitment of public resources. We need to look before we leap and identify risks and fix them before an action is taken, said Judy Dalton, Chair of the Kauai Group of the Sierra Club. This is the basis for all sound decision making and is the heart of Hawai`i's environmental law.

In the short-term, the Supreme Court's Superferry decision can have an unfortunate effect on the jobs and lives of many in our community. This is not what the environmental community desired; in fact, it was just what everyone wanted to avoid, said Mark Glick, Chair of the Sierra Club, Hawai`i Chapter. It's sad when people who trusted the Superferry and the state to do the right thing find out that corners were cut and now jobs are lost.

State auditor Marion Higa concluded that the state and Hawaii Superferry had plenty of warning that the proposed ferry needed to comply with environmental review procedures prior to launching, as the ferry required special, publicly funded harbor improvements.

Contrary to common misstatements, Hawaii Superferry has not been singled out under the environmental review scheme. Other harbor improvements affecting other operations such as Young Brothers and Matson have required their own environmental reviews.

The original court case began over four years ago. Had Hawaii Superferry and the Department of Transportation begun the process at that time the environmental review would now be complete, with proper mitigation measure in place. A stable ferry service could now be operating between the islands, offering secure employment and transportation alternatives for the community.

It is regrettable that the Lingle Administration and Superferry chose expediency over sustainability when they skipped the environmental review process years ago, said Dalton. Its also unfortunate that the legislature sent the wrong message that Hawaiis laws can be violated and then changed at the behest of a single special interest.

The takeaway message should be that Hawai`i is a bad place to cut corners and work the political process to get special favors for your business, said Glick. This case has never been about opposing business development or mass transit in Hawai`i, but about about responsible stewardship of our shared natural resources and community values. Our door has always been open to good faith efforts to provide jobs and services in a manner that upholds environmental and island community values. The health of our island economy and society depends on such values, and we shouldn't settle for less.

We hope that companies in the future will continue to embrace the public review process as a positive tool to create better projects. By anticipating and highlighting issues for resolution at an early stage, this process saves time and money, gives a democratic voice to Hawai`is people and communities, and lets the knowledge of our citizens be put to work to shape their own future. Ultimately, this will lead to a better balance between human activity and our unique and fragile environment that is at the heart of Hawai`is economy and well-being.

KITV on Facebook

Links We Like

What's Up Hawaii

Sponsored Links