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Straight Schatz

Lessons from the Superferry

How do we move forward?

OK, we’ve heard the arguments. Depending on your perspective, either the Superferry is an example of how unfriendly Hawai’i is toward business, or it’s a cautionary tale for those who skirt environmental regulations. Both sides of this cultural and environmental divide are outraged. But where do we go from here? What are the lessons from this ongoing fiasco?

For Government:

Yes should mean yes, no should mean no.

The Superferry was told by one part of the government (the Transportation Department) that an Environmental Assessment wasn’t required, and then another part of the government (The Supreme Court) told them to do it. The Superferry folks are right in saying that this situation is ridiculous and that it shows how complicated and difficult Hawai’i’s process is. I’ve heard smart legal arguments on both sides, but the way to prevent a mess like this in the future is to have the Legislature clarify who has the final authority to decide issues like this.

For Developers:

Do the Environmental Assessment if you have any doubt at all.

There are several reasons to just go ahead and do an Environmental Assessment for a major project. First, it’s the right thing to do, because it’s often the only opportunity for the public’s voice to be heard about important projects. Second, the law usually requires it. And even if you can construct a legal case in which it isn’t required, you are going to end up fighting in court, which will make people angry and delay the project anyway. Finally, the Environmental Assessment process is not an approval thing–it’s a disclosure thing, which means that when the environmental disclosure is complete, the project goes forward. That’s a lot easier and more civil than fighting in court and in the harbor.

For O’ahu People:

Neighbor Islanders are sick of being ignored.

Many people who live on neighbor islands feel that critical choices made in Honolulu get forced on them. This project is perceived as the most recent in a long line of decisions that are made by government and business powerbrokers that might not be able to find ‘Ulupalakua on a map. O’ahu folks should remember that each island matters, and that the concerns of neighbor islanders are legitimate and different.

For Environmentalists:

The Superferry is not the main point.

What the anti-Superferry folks are most angry about is that they are overwhelmed by development without infrastructure and that their rural way of life is being undermined. The Superferry has become a symbol for everything that makes them mad. To be fair, there are serious environmental concerns about this project, such as invasive species and traffic, but the biggest quality-of-life issues are subdivisions without infrastructure, water or proper planning, and the lack of affordable housing. And in that context, the Superferry is not the main bad guy. My suggestion: Pay very close attention to the Land Use Commission, the Water Commission and the County Councils, because while we fight over this boat, our islands get Los Angelized.

For All of Us:

Respect matters.

If everyone had followed not only the letter but the spirit of the law–if the Transportation Department had required the EA, if the Superferry hadn’t forced a confrontation with their $5 fares, if some of the protesters didn’t act disorderly, then this wouldn’t be as ugly and divisive as it is right now. A little mutual respect could go a long way, and it’s not too late.

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