Hawai`i’s Environmental Protection Act requires an Environmental Impact Statement (EIS) for major government actions that may have a significant effect on the environment. The State correctly believed that the minor work on a Maui pier for the Superferry was so insignificant it did not require an EIS.
However, the State was blind-sided by the Hawai`i Supreme Court’s August 31, 2007 decision extending the EIS requirements to consideration of “secondary” or remote impacts.
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The Governor and Legislature have now been handed a second opportunity to make the law pono by saying what everyone believed. The Legislature could enact simple language...making clear that our environmental laws do not extend to “secondary” impacts
Friday, April 03, 2009
Former Hawai`i Attorney General Michael Lilly's Superferry suggestion
In Hawaii Reporter -
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Here's a good response to Lilly's BS:
http://hilanduse.blogspot.com/2009/04/environmental-review-without-secondary.html
Friday, April 10, 2009
Environmental Review Without Secondary Impacts Analysis—Is Hawaii About to Throw Out the Baby with the Bathwater?
...The middle road. Throwing out secondary and cumulative analysis might be premature without further study. Other state environmental policy acts (“SEPA”) and the National Environmental Policy Act of 1969 (“NEPA”) require secondary and cumulative analysis in their environmental documents. Hawaii should strive to keep HEPA as consistent with NEPA as possible to facilitate coordination for projects that require both HEPA and NEPA documents...
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