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Write up from Joan Conrow on the Hawaii Supreme Court Superferry decision, which found Act 2 exempting the Hawaii Superferry from EIS law to be unconstitutional: http://kauaieclectic.blogspot.com/2009/03/musings-supreme-court-slap-down.html

My inbox, meanwhile, has been popping with jubilant messages about the ruling, but folks aren’t happy just because they won. They also see it as a vindication of the rule of law and the belief that laws are supposed to apply equally to everyone. You don’t just go in and have a new one written when a court decision comes down that you don’t like.

Excerpt from Letter to the U.S. Army from Michael Reimer in regards to Depleted Uranium (DU) studies at Schofield Barracks, on Oahu, and Pohakuloa Training Area (PTA), on Hawaii:

Colonel Howard Killian, Deputy Director
U.S. Army Installation Management Command
Pacific Region
132 Yamanaga Street
Fort Shafter, Hawaii 96858-5520

Dear Colonel Killian:

I have had an opportunity to review the reports released from DU studies at Schofield Barracks and Pohakuloa Training Area. I also spoke with Dr. Lorrin Pang, some members of the Community Advisory Group, and met contractor Dr. Jeff Morrow.

I agree with your statement that you mentioned in a previous communication we had, and that is to let the science speak.

In that light, I am particularly concerned that what is proposed by the U.S. Army for future studies at PTA will fall far short of providing the best information possible at this time, or for that matter, provide any information that can be used to develop a real rather than a speculative risk assessment.

DU is an issue of evolving study results and knowledge. There are some points that are immutable fact. We know that DU is present at Schofield and Pohakuloa. As I recall, the Army does not dispute the point of potential health risk. Therefore, we must take the best information we obtain today and use it to address the concerns about the level of health risks from potential exposure to DU.

The citizens of the Big Island are concerned. This is a natural, often fearful, reaction anytime the word radiation is mentioned in our society. Yet, we live in a world with ubiquitous and unavoidable natural radiation, from cosmic rays to the foodstuffs that provide our sustenance. According to the position of the U.S. EPA, any and all ionizing radiation has the potential of causing cancer. Thus, there has to be a reasoned balance between unavoidable exposure and elective exposure.

The past use of DU on the Big Island places exposure to that type of radioactive material in the “unavoidable exposure” category. This brings forth the question then of how much additional risk does it pose to the people of the Big Island including the military personnel stationed and working at Pohakuloa.

I believe that with adequate study, this question can be answered with reasonable assurance. As I mentioned, I do not believe the currently planned study has the capacity to answer that question. The reason for my belief is that the study design is to measure total uranium and to show that it is below standards set by World Agencies for regulated exposures. This may present itself as a feel-good approach, but it is unfortunately misleading even with the rudimentary information we have today about the form and occurrence of uranium in the natural environment. In other words, the study as currently planned still leaves the door wide open on determining excess health risks, if any.

Michael Reimer, Ph.D., geologist, retired
Kona Hawaii, Hawaii

Mahalo to Shannon for the tip. shannonkona@gmail.com

Rob Parsons of the Maui Times “Rob Report” has an excellent piece with a few easy tips on how to keep up with what’s going down at the Hawaii State Legislature, and a nice rundown of some bills you ought to be following.

http://www.mauitime.com/Articles-i-2009-03-12-69021.113117_Call_to_Action.html

Mahalo to Bonnie for the tip!

Today is Cross-Over Day at the State Capitol, the half-way point in the legislative process… and the day the overwhelming majority of bills are declared officially dead (until they can be resurrected next session).  Here is a run-down of the bills KAHEA is following that are still alive this session.  Click on the bill numbers to get the latest update on their status.

GOOD BILLS
SB 1088 - Improves enforcement of the public’s right to beach and mauka access by creating a citizen suit provision.  Call Rep. Sharon Har at 808-586-8500 to ask that it be heard before the House Water, Land, and Ocean Committee.

HB 1663/SB 709 - Bans the genetic modification of taro in Hawaii. (Watch these ones closely. Like last year, amendments could turn them against the interests of Haloa, taro farmers, and taro consumers).

SB 701 – Establishes a moratorium on the siting of landfills along the Leeward Coast.  This is an important bill to help protect the public health of Waianae Coast residents, unfortunately it has a lot of hearings to get through. Call Rep. Rita Cabanilla at 808-586-6080 to express your support.

SB 86 – Establishes the Makua Valley Reserve Commission to allow for community involvement in the management of Makua Valley.  This bill also has a lot of hoops to get through.  Call Rep. Ito at 808-586-8470 to advocate for its first hearing.

SB 1199 – Designates certain state waters surrounding the island of Molokai as the Molokai Community-Based Subsistence Fishing Area.  Protecting the health of the shoreline is critical to Molokai’s economy welfare, unfortunately commercial fishers and aquarium collectors want to continue to take from these coffers.  Call Rep. Calvin Say at 808-586-6100 to ensure this bill gets referred to the Water, Land, and Ocean Committee.

BAD BILLS
HB 1174 - Transfers management of the sacred summit of Mauna Kea to the lease-holder/developer, the University of Hawaii.   Public opposition successfully defeated three similar bills earlier this session.  Call Sen. Jill Tokuda at 808-587-7215 to urge this bill not be heard.  Check out our previous posts to learn way this bill is the best way to undermine protections for Mauna Kea.

HB 1226 – Allows federal preemption of all state and local regulations on genetic modification (except taro).  Labelled the Worst Idea of 2009… hopefully it won’t go any farther.

SB 1108 – Extends the effective date of the Aha Kiole Advisory Committee.  Having a community-based system for managing our fragile resources is exactly what Hawaii needs, but without adding any additional safeguards to this existing system means it could be misused again the way WESPAC did last year.

HB 640 – Exempts certain developments affecting public rights-of-way (like trails) from completing an environmental impact statement.  This totally undermines one of the few opportunities for public oversight of construction in Hawaii.  Call Sen. Mike Gabbard at 808-586-6830 to ask it not be heard in the Environment Committee.

SB 1311 – Exempts the University’s Institute of Marine Biology from all permitting requirements for all activities in Kaneohe Bay.  Our nearshore waters are our most valuable resource and the research being conducted in them should meet the highest standards of the precautionary principle to ensure that no harm comes to them.  Help stop this bill by calling Rep. Calvin Say at 808-586-6100 to ask that it not be heard in the House.

HB 1741 – Raids the Natural Area Reserve System fund to make up for part of the budget shortfall.  While the money in this fund is crucial to protecting Hawaii from invasive species, there isn’t nearly enough to make a dent in the budget shortfall.  Instead, the state should make the foreign telescope owners on Mauna Kea pay rent for use of state lands… like the law requires.

HB 1712 – This is the same “Right to Fish” bill from years passed that paralyzes the DLNR from taking any management actions to protect Hawaii’s marine resources.  If we are really interested in protecting our environment, then the goal should be to give DLNR more tools, not less, to do the job and be held accountable.

Mark your calendars: the next major deadline for these bills is April 9th.

If you want to stay involved, you can sign up for KAHEA’s action alert network by clicking here.  You can also get hearing notices on any bill you are concerned about by clicking here.  On Oahu, some hearings are aired live on “Capitol TV,” Olelo channel 53.

Think there are implications for Hawaii, folks?

About 600 million people, or nearly 10 percent of the world’s population, live in low-lying areas at risk of flooding as sea levels rise due to climate change, according to research presented today at the International Scientific Congress on Climate Change in Copenhagen.

This means that if emissions of greenhouse gases are not reduced quickly and substantially, even in the best case scenario rising seas may inundate low lying coastal areas housing about one in every 10 people on the planet.

Full report-back from Coppenhagen by ENS here: http://www.ens-newswire.com/ens/mar2009/2009-03-10-03.asp

3 down, 1 to go! Thanks to the public’s vigilant support and participation SB 502 is officially dead!!  Yay!

SB 502 was one of four bills proposing to transfer management of one of the Pacific’s most unique and sacred summits, Mauna Kea, over to its primary developer–the University of Hawaii.  The University has facilitated forty years of bulldozing for unlimited telescope development on the summit, which has destroyed ecologically unique habitat and desecrated sacred cultural sites.

Just one more bill remains: HB 1741.  With your help, we can stop it.  Express your opposition to this and the whole suite of bad Mauna Kea bills for which UH is lobbyingby submitting your online testimony.  Support Hawaii’s legislators in seeking accountable, transparent, fair and representative management of Mauna Kea’s sacred summit by submitting your testimony: http://salsa.democracyinaction.org/o/2699/campaign.jsp?campaign_KEY=26592