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The Supreme Court of Hawai`i announced yesterday it would hear oral arguments on whether an outdated 25-year old Environmental Impact Statement (EIS) provided enough information to approve a proposed expansion of the Turtle Bay Resort. Kuilima Resort Company, owner of the property and currently headed by local developer Stanford Carr, is seeking approval for five new hotels and 1000 luxury condos at the Turtle Bay Resort on O`ahu’s rural North Shore.

The Supreme Court will review a split 2-1 decision made by the State Intermediate Court of Appeals (ICA), which denied the Keep the North Shore Country and Sierra Club, Hawai`i Chapter’s request for an updated review of the proposed development’s environmental and community impacts. The ICA majority held that no supplemental EIS would ever be required unless the “project itself” changed. This ruling could be taken to absurd conclusions. For example, Turtle Bay’s 1985 EIS could remain valid for hundreds of years, even if there are major hurricanes, drastic shoreline erosion, or significant changes to the community in the area.

“Much has changed in the last two decades, most notably the rapid growth in traffic congestion along the narrow, two-lane Kamehameha Highway, the only regional roadway on the North Shore,” said Gil Riviere, President of Keep the North Shore Country. “The expansion plan is extremely unpopular due to concerns of over-development of the rural area, traffic gridlock, new environmental concerns such as endangered monk seals pupping on the resort property, and the likelihood of disturbing ancient Hawaiian burials.”

Six community organizations represented by Earthjustice – Conservation Council of Hawai’i, Surfrider Foundation, Hawai’i's Thousand Friends, Life of the Land, Maui Tomorrow Foundation, and KAHEA: The Hawai’i Environmental Alliance – filed a “friend of the court” brief in support of Keep the North Shore Country and the Sierra Club’s position. Their involvement was necessitated by the broad negative ramifications of the ICA’s ruling, which could impact development projects throughout the State.

“The purpose of an EIS is to ensure decision makers have the necessary information about the human and environmental impacts of a proposed project,” said Robert D. Harris, Director of the Sierra Club, Hawai`i Chapter. “This lets the community be involved in the process and ensures smart decisions are made,” he continued. “Plainly, we cannot rely upon obsolete information to approve a project that is clearly no longer appropriate for the community.”

Oral arguments are currently scheduled for Thursday, November 19, 2009 at 11:00 a.m.

(Mahalo to Dick Mayer)

Ho’omaika’i! Maui GMO Ban wins passage, 9-0 at final reading today!

Thanks to the persistent and reasoned call from the public — people like you — in support of protecting Hawaii’s beloved taro Maui’s county council members found it easy to make the right decision. Mahalo nunui for standing up to be heard.

From our friends on Maui:

By now I know many of you have heard the good news, but for those who haven’t – Maui County is now gmo taro free! The ban passed 9-0 in its Second and Final Reading today, repeating its First Reading vote but this time without hesitation from any council members. The Mayor has said she will sign the bill into law. Unprecedented support from all!

Mahalo to the all the people who came to town today to testify and all those who wrote, emailed or called in, in support of Bill 82 (2009). Mahalo to Hawaii-Seed for being willing to take on the monitoring, Hector and Caren for coming from Oahu and Kauai to testify on HS’s expertise and the protocols for monitoring the kalo; and Walter for coming from Molokai!

Imua!!

Here is an excerpt of the article published in the Maui News:

Council approves ban on GMO taro
By MELISSA TANJI, Staff Writer
Maui News October 3, 2009

WAILUKU – A bill prohibiting genetically modified taro in Maui County received final approval Friday by the Maui County Council.

The taro bill prohibits anyone from testing, propagating, growing or introducing genetically engineered or modified taro, or kalo, within Maui County. Council members voted 9-0 to approve the ban, saying they believed taro’s cultural and spiritual significance to Native Hawaiians was more important than any other factor.

Mayor Charmaine Tavares said after the vote that she would support the ban.

“I will be signing the bill into law and recognize that the passage of this new law will send a message of support for state Representative Mele Carroll’s efforts to introduce and pass a bill at the state Legislature,” she said in an e-mailed statement.

“The input from various stakeholders that I’ve received has been valuable,” Tavares said. “I am told that this important law will bring us closer to protection of kalo on a statewide level. I support the intent of the bill and the protection of Hawaiian kalo, which deserves our respect and acknowledgment for its ancestral ties to Native Hawaiians, our host culture.”

Tavares previously had expressed doubts about the bill, saying it might be difficult to enforce.

Council Member Sol Kaho’ohalahala said after the vote that he appreciated everyone’s support on the bill and asked that council members continue to improve the language of the bill.

Council Member Bill Medeiros thanked people who had testified or sent e-mails in support of the bill he introduced.

Around 15 people Friday morning made it clear they were testifying in support of the ban on genetically modified taro. Supporters of the ban have argued passionately that taro is a sacred plant and staple food for Native Hawaiians and should be kept in its natural form. They feared that even if limited use or research were allowed, genetically modified forms of taro could mingle with other strains being cultivated.

Caren Diamond of Hawaii Seed – a nonprofit coalition of grass-roots groups composed of farmers, doctors, scientists, lawyers, concerned citizens and Native Hawaiians opposing the use of genetic modification – said taro was vital to Hawaiian culture.

“You have an opportunity to protect this living culture,” she said.

Coverage of our court appeal in today’s Hawaii Tribune Herald:

“The board’s decision undermines the basic right everyone in Hawaii has to stand up for their environment, their culture and their religion,” said Kealoha Pisciotta, the president of Mauna Kea Anaina Hou. “Despite extensive evidence on the record of our cultural, spiritual, environmental and recreational connections to Mauna Kea, the board is now claiming we suddenly have no right to ensure it is protected from bulldozers.”

See the full story here: http://www.hawaiitribune-herald.com/articles/2009/10/02/local_news/local02.txt

“Uh, seriously?” –is probably the best way to describe our response to the BLNR’s recent decision that Native Hawaiian cultural practitioners and conservationists (like Sierra Club members) have no standing to speak for the fate of public trust lands like Mauna Kea. And so, as people generally do when faced with crappy* administrative decision-making, we appealed today in court.

Read full article in the Hawaii Independent:

The State’s Board of Land and Natural Resources (BLNR) and the University of Hawaii are being challenged in court by Native Hawaiian practitioners, conservationists, and activists for rushing through a process that would pave the way for the building of the massive new Thirty Meter Telescope atop Mauna Kea despite public opposition.

Conservationists say that the BLNR’s decision to approve the CMP before ruling on the petition for a contested case hearing is an affront to meaningful citizen participation in agency decisions and neglects citizens’ substantial rights.

“Citizen participation in agency decisions is an essential part of our democratic tradition,” said Nelson Ho of the Sierra Club. “The concept of meaningful public participation ensures decision-makers will have adequate information and minimizes the possibility of public corruption and back-room dealing.”

*We use the word “crappy” here, in the most respectful and “aloha-ful” way humanly possible, but we have to call it like it is, yo.

From Snorkel Bob (Robert Wintner), on Tuesday’s Ocean Policy Task Force:

Consensus was overwhelming; conservation efforts in Hawaii have been stifled in the name of commerce for too long. The Ocean Policy Task Force may render a sea change in priorities & approach. We shall see. At any rate, NOAA got the message with a panel representing depth in science & political will. The HPR commentator noted aquarium extraction as a common complaint throughout the session. By raising many voices, we got the point across.

Irene Bowie for Maui Tomorrow challenged the wisdom of re-opening the Hawaii swordfish longline fishery, that would allow triple allowable “take” of loggerhead & leatherback turtles, which includes any form of interaction, with the expectation that up to 3 adult females and up to about 7 other loggerheads would be killed annually. The longline issue was spearheaded at the San Francisco task force venue, though it’s a Hawaii “fishery,” so Irene’s testimony stood out.

You can still submit your testimony to the Task Force online here.

On September 18, the bill to ban genetically modified taro unanimously passed First Reading in Maui County. Congratulations, Maui!!  Second and Final reading on this extremely important bill will be coming up this Friday, October 2nd.

From friends on Maui:

Ban on GMO Taro for Maui County–we’re almost there! Take part in this historic action and express your support!

If you have a chance, take a few minutes to call and talk to Council members Baisa (270-7939), Pontanilla (270-5501) and Molina (270-5507) before Friday.  Thank them for their yes vote and urge them to do so again.

Also let Victorino (270-7760), Mateo (270-7678), Kaho’ohalahala (270-7768), Johnson (270-5504), Nishiki (270-7108, and Medeiros (270-7246) know we are behind them and to keep the bill strong — no compromises.

The enforcement issue is one that can be resolved.  There are no excuses for this not to pass.  No changes between the last reading and this one will mean it is straight up, easy vote.  Keep it simple and sweet.  Let’s see a 9-0 vote again!

Testimony can be sent in by email (county.clerk@mauicounty.us) or come and join us in person.  If you can’t make it to the hearing, keep support for the kalo in your sights this week.  If you don’t want to speak – bring a kalo plant to show support.  Stay focused on what is important – protecting Hāloa.

Keep envisioning this bill passed without changes – for all kalo and effective immediately!

From us guys at KAHEA: Mahalo pumehana to the Maui community for all their good, hard work and their passion and care for Hāloa. There is no question that you are making a tremendous difference. We urge all who are about Hawai’i and who love their poi (!) to show their support by sending in testimony to the hearing on Friday! Please take a second also to forward this alert to friends and ‘ohana!