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Stop OCCL Rule Changes

August 28, 2010 by kahea

The time has come. Time to send in your written comments on the overhaul of our conservation district regulations. In the waning days of the Lingle Administration, DLNR is proposing major changes to the rules protecting Hawai’i's conservation districts.

We know these kinds of regulatory changes aren’t super exciting, but if you’ve ever seen a bulldozer in a wahi pana, you know why these decisions are so important. Take action right now and help to protect the places you love throughout the Hawaiian Islands.

Please click here to take action!

Posted in conservation | Leave a Comment »

Community Greets Land Use Commission

August 24, 2010 by kahea

Last week Wednesday (8/18/2010) about 25 Wai`anae residents and supporters came out to wave signs expressing their opposition to a proposed industrial park in Lualualei Valley. People, young and old, and of all different walks of life stood side by side, sharing messages of strength and solidarity.

The mission was really two fold–yes, we were targeting the Land Use Commissioners who were visiting the proposed site, just to make sure they wouldn’t get any crazy ideas that this community wants an industrial park. The second purpose was really for everyone else driving by, because most of the people who live on the Wai`anae Coast have never heard of plans for another industrial park in the valley. Response was mostly positive, lots of head nods and horn honks. :)

We had some pretty good press coverage too, KITV and KHON stopped by, along with the Hawai`i Independent and FLUX Hawai`i Magazine. Click below to see KITV’s full story.

Click here to watch story.

Here’s more from Marti who was with the commissioners on the site visit:

Members of the Land Use Commission made an official site visit to the parcel of farmland that Tropic Land proposes to turn into an industrial park. They drove up Lualualei Naval Access Road and then back down Hakimo Road, over the new the roadway that Tropic cut to connect the Navy Road to Hakimo Road. The Commissioners saw first-hand all of the farms along Hakimo Road, the profile of Maui, the Hoaliku Drake Preschool, and the narrow intersection at Hakimo and Farrington Hwy.

Checking out the preschool along the curvy Hakimo Rd. on the way to the proposed industrial park. Also taking a moment to introduce the group to our kupua, Maui!

Interestingly, just seconds after the developer’s attorney said it was too hot and arid to grow palm trees on the property, the sky opened and big drops of rain fell. We got drenched as we drove down Hakimo Road.

Umbrellas out in full effect as Lono gives kokua to show the commissioners that it does indeed rain in the valley!

Please come share your mana’o on the proposed industrial park at the Land Use Commission hearing on Thursday September 9th at the Kakuhihewa Bldg. in Kapolei, 9:30 am. You can hold one of the beautiful signs you see here, or bring your own! :)

Mahalo nui loa to Pono Kealoha for the photos! :)

Posted in environmental justice | Tagged , , , | Leave a Comment »

Reading: Environment Hawai’i, August Issue

August 23, 2010 by Miwa

We got our August issue of the excellent Environment Hawai’i in the mail the other day!

On DAR’s proposed list of activities that they believe should be exempted from doing environmental assessment, they write, “DAR’s proposed list appears to exempt every type of permit and license issued by the division.” Including live rock and coral collecting permits and all permits for Papahanaumokuakea in the Northwestern Hawaiian Islands.

There is also great coverage of Waimanalo Gulch violations and wet-noodle enforcement from the Department of Health, and excellent reporting on this summer’s WESPAC meetings.

Mahalo to Pat and Teresa for their excellent investigative reporting! You can support Environment Hawai’i by subscribing today!

Posted in Northwest Hawaiian Islands, activism, environmental justice, ocean protection, other | Tagged , , , | Leave a Comment »

Laughable public process: changes to conservation protections

August 16, 2010 by martitownsend

OCCL Hearing Honolulu
From Marti:
On Thursday night, the Office of Conservation and Coastal Lands (OCCL) held a public hearing in Honolulu on their proposed changes to the regulations protecting conservation districts. The first major changes in 15 years… so it wasn’t surprising to see the meeting was standing room only.Unfortunately, only a dozen or so of us felt empowered to speak (it was a particularly uncomfortable hearing set-up).

Hearings officer Sam Lemmo, the administrator for OCCL, made a point of assuring the room that the final regulations would definitely be different from what we are seeing tonight based on all of the great input they had been getting.  (Did you just feel that gentle pat on the top of your head?  I did.)

We pressed Sam on when we might actually see the final regulations. Generally speaking, the agenda for the Board of Land and Natural Resources is posted a mere six-days before the Board decides an issue.  Will we only get six days to review the final version of the rules that are supposed to be protecting our conservation lands for at least the next 15 years?

In response, Sam chuckled and said “good question.”  The audience laughed.  I laughed, too — because what do you do when someone laughs in your face?  Despite all the laughter it was a sad moment.

It is sad when regulations as important as these are given but the bare minimum of study and public process.  We are talking about 2 million acres of conservation lands — our watersheds, nearshore waters… the important places.  Conservation lands are 51% of the crown and government lands that are supposed to be held in the “ceded” lands trust for Native Hawaiians and the people of Hawaii — we have an obligation to protect these assets.

From what I hear from the old-timers, when these rules were changed 15 years ago, there was a public blue ribbon panel convened to advise the division on improving the regulations. Today, DLNR is unilaterally proposing major revisions. What gives? Where is the expert panel?  The thoughtful study?  The reasoned assessment?

In response to my quote on the need for “a blue ribbon panel” in the Star-Advertiser on Thursday, several insiders came forward at the hearing to thank Sam for DLNR’s history of work on these rule changes that were, in their words, “a long-time coming.” So long in coming, in fact, that the public just heard about them. These rules saw the first light of day in July and are expected to be approved before December.  Coincidentally, that’s right before the Lingle Administration leaves office.  Feels more like a 50-yard dash than a “long-time coming” to me.

Both in and out of public hearings, we have heard Sam say, at least 20 times (no exaggeration, I seriously counted), “Good question, that wasn’t what I intended” in response to questions and concerns about the staff’s proposed changes. I don’t know about you guys, but if what I write down isn’t what I meant to say, its usually because I was in a rush and didn’t take the time to think about the implications…  welll… that kind of pondering is exactly what we need right now.

Good changes, bad changes, the bottom line is these changes need more thought.  We should not let the timeline for the end of an administration drive the schedule for amending some of the most important protections in our islands.

Want to feel like you were there?  Here is a link to notes from the Honolulu public hearing on August 12, 2010.

Want to participate in the process?  Sign up for KAHEA’s action alert network, later this week we’ll send out an easy-to-use comment form by email.

Posted in Haleakala, Northwest Hawaiian Islands, activism, conservation, environmental justice, island sustainability, land and cultural rights, mauna kea, ocean protection | Leave a Comment »

Signs of Aloha Aina

August 13, 2010 by martitownsend

From Marti:


We had our first sign-making party in the “Keep Waianae Country” effort.  We are getting ready for the Land Use Commission to visit the parcel of farmland that Tropic Land proposes to turn into an industrial park.  Their visit happens on Wednesday August 18th at 1:30 pm.

Want to join us?  We’ll be on Farrington Highway where it intersects with Lualualei Naval Access Road and with Hakimo Road at 1:00 pm.

Can’t make it, but still want to participate?  Then make a sign in support of keeping Waianae country, take pictures of you and your friends holding the sign, and then send the pictures to us at miwa(at)kahea.org.  We’ll make sure the LUC sees it.

And if you live along the navy road or Hakimo road, then hang a sign on your fence where everybody can see it.   We’ll be passing out the beautiful signs we made next week.  Let us know if you want one.

Big Mahalo to everyone who came out to help us make signs.  It was a lot of fun.  And who knew Tyler would turn out to be poster-painter extraordinare… in addition to top ace legal intern?!  Finger painting ain’t just for kids anymore!

Posted in activism, environmental justice, food sovereignty, island sustainability, land and cultural rights | Leave a Comment »

A few last words…

August 8, 2010 by Miwa

From Tyler, our summer fellow from the Center for Excellence in Native Hawaiian Law at the UH Richardson School of Law:

My time here at KAHEA has come to an end.  School’s about to start back  up, which means I’m unavailable until next break.  I’ll miss you all.  I know what you’re thinking, but who will write witty blogs?  I don’t  know.  However, if you want to hear more from me, please e-mail KAHEA, and overwhelm them with requests to bring Tyler back to KAHEA during Winter break and next Summer, because you can’t live without him.  Start a petition.  Start a  Facebook group.

I had such a wonderful time working with wonderful  people gaining life experiences and worthwhile skills.  Who could  believe that two months would create such lasting bonds and impressions. I promised myself I wouldn’t get emotional.  I need a tissue.  And more coffee.  Until next time friends…

Posted in activism | Tagged | Leave a Comment »

Super Intervenors: An Update

August 8, 2010 by Miwa

(Mahalo to the talented Mark Fiesta for the picture)

The latest scoops from legal intern Tyler on legal proceedings around the push to protect agricultural and preservation lands in Waianae currently threatened with industrialization. Fenceline to farms and homes, an industral park and new landfill are proposed on this area in the middle of one of Hawai’i's largest communities of Native Hawaiians. It’s a justice thing, and it’s a kākou thing!

From Tyler:

We last left you with some tremendous victories following the Land Use Commission’s granting our Motion to Intervene.  This means, as you may remember, that we get to sit at the big kids table and play hardball.  As dates are solidified and we proceed, our first act as official Intervenors is to order fancy name plates for our desks that say “Intevenor” on them.  That was a joke.  They say “Super Intervenor.”

All jokes aside, our first OFFICIAL act was to submit a Statement of Position.  It’s essentially a formality that lets everyone at the big kids table know what we’re playing for. Environmental and cultural justice. Here’s what we believe to be true:

Tropic’s proposed development ignores:
1) The cultural significance of Wai‘anae
2) The Wai‘anae Sustainable Communities Plan
3) The characterization of Urban land

Think of this as a game of Monopoly.  Tropic Lands owns a parcel not on the game board.  Let’s call it Insensitive Avenue.  They really want to be in the game, because they believe they can make a nice chunk of change.  But they can ONLY do this on Insensitive Avenue.  So what do they do?  They cry “JOBS!” and then they ask the state Land Use Commission (LUC) if they can amend the rules and put Insensitive Avenue on the game board.

The problem is: If we let Insensitive Avenue on the game board, then we MUST put Greedy Place and The Capitalism Railroad into play.  And in fact, this is the purpose of the rules. The reason Community Plans and Zoning Regulations are made? To prevent unruly development in a community and to maintain balance. Not to mention mediating ongoing insensitivity to cultural concerns.

We understand the need for economic development.  We understand the need for jobs in Wai‘anae.

In actuality, all we’re asking is that you put your industrial park in an area that is compatible with your development plans.  Like… Maybe put the industrial park in an already industrialized area?  That seems fairly logical to me!  How about you folks reading this?

This area is Preservation/Agriculture Land.  Let’s keep it  that way. There are some incredible alternatives being proposed by communities members–everything from a gateway park to an agricultural incubator.

Now that the big kids know what we’re  playing for and why, we gotta show them what we’re playing with. The Scottish Terrier. Or the thimble!  Joke.  In fact, we’re playing with  people who are experts in their fields, and we believe their expert testimonies will expose to the Commission some undeniable truths behind this bad proposal.

Stay tuned!

Posted in activism, environmental justice | Tagged , , , , | Leave a Comment »

Collaborate Much?

August 8, 2010 by Miwa

We’re liking this thought-proving post from journalist Anne Minard, on the “next great telescope race”–Day 14 of her “100 Days of Science.” She asks some great questions about the fundamental purpose of the two U.S. proposals for “next generation” giant land-based telescopes being proposed for construction within the next 10 years. Do we really need THIS much telescope, guys?

Charles Alcock, director of the Harvard-Smithsonian Center for Astrophysics, acknowledged that the two telescopes are headed toward redundancy. The main differences, he said, are in the engineering.

He said the next generation of telescopes is crucial for forward progress in 21st Century astronomy.

“The goal is to start discovering and characterizing planets that might harbor life,” he said. “It’s very clear that we’re going to need the next generation of telescopes to do that.”

And far from being a competition, the real race is to contribute to science, said Charles Blue, a TMT spokesman.

“All next generation observatories would really like to be up and running as soon as possible to meet the scientific demand,” he said.

But when I asked him why the United States teams haven’t pooled their expertise to build a single next-generation telescope, Blue declined to comment.

In all, there are actually three teams (two from the U.S., and one from Europe) racing to build the first of these giant land-based telescopes: Extremely Large Telescope (Europe), TMT (U.S.), and Giant Magellan Telescope (U.S.). (And no, we’re not making these names up… in almost every description we could find, these bad boys are characterized first and foremost by their massive size.) The total estimated price tag for all this summit development? $2.6 billion dollars.

In the midst of this competition to build the first and the largest,  the worldwide community of those who share aloha for sacred summits are humbly asking:  for time and real consideration for native ecosystems, threatened endemic species, the cultural meaning of sacred space, cultural practice, and the natural and cultural heritage we have to pass forward to next generations… all in short supply on earth today. Can we not rationally slow down this latest race for space, in the interest of the future of life on our own planet?

Posted in Haleakala, conservation, island sustainability, land and cultural rights, mauna kea, telescopes | Tagged , , , , | 2 Comments »

That Deafness? It’s Only Temporary.

August 5, 2010 by Miwa

Many of you followed the sonar lawsuit from 2008, in which KAHEA, in partnership with Earthjustice and other local, national and international NGOs, sued the U.S. Navy over its proposed expansion of military exercises around Hawai’i, including the Northwestern Hawaiian Islands. The State of Hawai’i, at our urging, also asked the Navy to comply with laws protecting endangered species in Hawai’i. Not surprising, the Navy refused.

Now, there’s another round of public scoping hearings for more sonar and more detonations. But don’t worry about those whales. According to the U.S. Navy, the deafness caused by underwater explosions and sonar is only temporary.

An update on U.S. Navy training in Hawaiian waters, from the Hawaii Independent:

The U.S. Navy announced its intent to prepare an Environmental Impact Statement (EIS) and Overseas EIS (OEIS) relating to military training and research, including sonar and detonating explosives, within the Hawaii-Southern California Training and Testing (HSTT) study area.

Public scoping meetings throughout Hawaii have been scheduled to hear comments. Last year, the federal government issued authorization to the U.S. Navy to impact whales and dolphins while conducting sonar training exercises around the main Hawaiian Islands for five years, Environmental News reported.

The letter of authorization and accompanying rules allow for injury or death of up to 10 animals of each of 11 species over the five years covered by the regulations. The Navy requested authorization under the Marine Mammal Protection Act because the mid-frequency sound generated by tactical active sonar, and the sound and pressure generated by detonating explosives, may affect the behavior of some marine mammals or cause what the Navy calls “a temporary loss of their hearing.”

Mid-frequency sonar can emit continuous sound well above 235 decibels, an intensity roughly comparable to a rocket at blastoff, according to Environmental News.

The sonar blasts travel across hundreds of miles of ocean to reveal objects, such as submarines, underwater. The National Marine Fisheries Service (NMFS) will be a cooperating agency in preparation of this EIS and OEIS. In January 2009, the NMFS’s ruling stated: “After reviewing the current status of the endangered blue whale, fin whale, humpback whale, sei whale, sperm whale, Hawaiian monk seal, green sea turtle, leatherback sea turtle, loggerhead sea turtle, and Pacific ridley sea turtle, … [Navy training activity in the Hawaii Range Complex] each year for a five-year period beginning in January, 2009, are likely to adversely affect but are not likely to jeopardize the continued existence of these threatened and endangered species under NMFS’s jurisdiction.”

While Earth Justice wants the Navy to stop using sonar until it can avoid serious injury to marine mammals, the environmental group recommends several things the Navy can do to minimize the harm to marine life: Impose seasonal and geographical limitations, avoid nursing areas, ramp sonar up slowly, avoid areas that were created specifically to protect endangered marine life, create a 25-mile safe haven distance from shorelines, avoid steep-sloping seamounts that provide important habitat for many marine species, prohibit testing at night or other times of low visibility, and adopt protocols similar to those of other naval forces to minimize the impact on marine wildlife.

The Navy’s latest proposed action is to conduct training and testing activities within the at-sea portions of existing Navy training range complexes around the Hawaiian Islands and off the coast of Southern California. Training activities, such as sonar maintenance, explosives, and gunnery exercises, may occur outside of Navy operating and warning areas. In 2009, the Navy instituted mitigation measures relating to sonar that include stationing lookouts, adjusting sonar decibel levels when marine animals are detected within 200 to 1,000 yards, and increased visual and aerial surveillance for marine life. The HSTT study area combines the at-sea portions of the following range complexes: Hawaii Range Complex, Southern California Range Complex, and Silver Strand Training Complex. The existing western boundary of the Hawaii Range Complex is being expanded 60 miles to the west to the International Dateline.

The HSTT study area also includes the transit route between Hawaii and Southern California as well as Navy and commercial piers at Pearl Harbor and in San Diego, CA where sonar may also be tested.

Public scoping meetings will be held between 4:00 p.m. and 8:00 p.m.

- Tuesday, August 24, 2010, Kauai Community College Cafeteria, 3-1901 Kaumualii Highway, Lihue, HI.
- Wednesday, August 25, 2010, Disabled American Veterans Hall, Weinberg Hall, 2685 North Nimitz Highway, Honolulu, HI.
- Thursday, August 26, 2010, Hilo High School Cafeteria, 556 Waianuenue Avenue, Hilo, HI. 6. Friday, August 27, 2010
- Maui Waena Intermediate School Cafeteria, 795 Onehee Avenue, Kahului, HI.

The meetings will consist of an informal, open house session with informational stations staffed by Navy representatives. Additional information concerning meeting times is available on the EIS and OEIS website at http://www.HawaiiSOCALEIS.com. The scoping process will be used to identify community concerns and local issues to be addressed in the EIS and OEIS. All comments provided orally or in writing at the scoping meetings, will receive the same consideration during EIS and OEIS preparation. Written comments must be postmarked no later than September 14 and should be mailed to: Naval Facilities Engineering Command, Southwest, 2730 McKean Street, Building 291, San Diego, CA 92136-5198, Attention: Mr. Kent Randall—HSTT EIS/OEIS.

Posted in Hawaiian Monk Seal, Northwest Hawaiian Islands, activism, fisheries, military toxics, ocean protection | Tagged , , | Leave a Comment »

Exemptions Gone Wild

August 4, 2010 by Miwa

Generally, under today’s environmental laws, certain kinds of projects have to do an environmental review (Like an EIS). Other kinds of projects can be exempted. The BP oil spill at Deepwater Horizon has been a sobering reminder of why these kinds of environmental reviews and exemptions are so critical. (Can you believe THIS was exempted from EIS?)

Today, DLNR is proposing a “wild laundry list” of EIS exemptions for DLNR-managed lands, from building new roads to chemical herbicides. That’s 57 pages (fifty-seven!) of exemptions. Yeesh. We are asking the Office of Environmental Quality and Control (OEQC) to send DLNR back to the drawing board. If you or your organization is interested in participating in a group letter to OEQC or just want to know more about this issue, please contact Marti at marti@kahea.org by Friday morning.

Posted in Northwest Hawaiian Islands, activism, island sustainability, land and cultural rights, ocean protection, telescopes | Tagged , , , , , | 1 Comment »

Manufacturing Consent

August 3, 2010 by Miwa


The UH Board of Regents made big “TAH-DAH!” over approving their giant Thirty Meter Telescope project for Mauna Kea this summer. Plenty press releases, plenty press. KAHEA staff tend to kind of shrug over this kind of “approval”, but after hearing so many comments and questions from all of you, we decided we should address it. Fundamental question: WHY is the Board of Regents approving TMT?

The term “manufacturing consent” comes to mind. Hmm.

Okay, let’s say for example, that Kanoe and Tyler want to build a parking lot in your front yard. Kanoe writes the proposal. Tyler votes to approve her proposal, and sends out a press release saying “Parking lot approved!” And your neighbors think, “”My, my. There’s going to be a parking lot over there.” Now, did you get any say about this parking lot? Nope! Does it matter? Of course it does.

A little tutorial on developing conservation lands, and looking good while doing it:

Mauna Kea is public trust “ceded lands” and a conservation district. This means that the mountain is to be managed “in trust” for the people of Hawai’i, and that its natural and cultural resources are to be protected and sustained. Under state law, the responsibility for managing these lands falls to the Department of Land and Natural Resources (DLNR). DLNR does not financially benefit directly from development of Mauna Kea, and it is the agency with the mandate under state law to protect and conserve these lands.

Yet.

Today, the University Board of Regents appoints 100% of members to the Office of Mauna Kea Management. The Regents appoint 100% of the members of Kahu Ku Mauna. The University paid the consultant who wrote the management plan for Mauna Kea. At the end of the day, we have to ask: Who’s interests are being represented? Who is being left out?

So many have worked so hard and sacrificed so much, to get us to where we are today. Twenty years ago, the University and the UH Institute for Astronomy could not and would not even acknowledge the existence of clear problems. Two lawsuits and two state audits later, we can finally openly acknowledge past wrongs, and talk about impacts of astronomy development on cultural and natural resources. Not just on Mauna Kea, but Hawai’i's other sacred summits as well.

But without true change in management (!), it’s just that: talk.

If you support true community management of Hawai’i's sacred summits, you can join with the thousands of others around Hawai’i who are saying “Enough already” and demand a truly pono future for some of Hawai’i's most sacred places. Sign the petition today!

Posted in Haleakala, activism, mauna kea | Tagged , , , | 3 Comments »

Action Alert: Haleakala Solar Telescope

August 2, 2010 by Miwa

On August 26, the BLNR will hear public testimony on the 14-story telescope proposed for Haleakala. We really need community members to show up early, sign up to speak, and give testimony on this giant telescope proposal. You can read the flyer here.

From Kilakila Haleakala:

All studies done for the proposed project indicate that in addition to the misuse of conservation lands, there will be major, adverse, short- and long-term direct impacts on traditional and cultural resources. We must let them know know that our summit will not be furuther desecrated.

You can read more at http://www.kilakilahaleakala.org

Wanting another perspective? We’re also liking this thoughtful take on the Haleakala proposal by blogger and astronomer Salman Hameed.

Posted in Haleakala, activism | Tagged , , , | Leave a Comment »

Pushing for the protections monk seals (and humans) need

July 30, 2010 by martitownsend

From Marti:

Like a glove across the face, KAHEA and the Center for Biological Diversity sent a Notice of Intent to Sue yesterday warning federal regulators to expedite the critical habitat designation for Hawaiian monk seals… or else.  Critical habitat is the backbone of the Endangered Species Act.  It is the mechanism for shepherding species back from the verge of extinction. Over two years ago, we petitioned the National Marine Fisheries Service to expand the critical habitat designation for the highly endangered Hawaiian monk seal.  And NMFS agreed the seal needed more habitat to thrive.  Yet, more than a year since they agreed with us, NMFS is not any closer to protecting vitally important nearshore areas and deepwater foraging grounds for the seal.

Not surprising, in that year, Hawaiian monk seals have only slipped closer to extinction with a 4% annual decline. In 2009, monk seals had the lowest pupping rate in the past 10 years, with every location in the Northwestern Hawaiian Islands experiencing declines. In 2009, only 119 seal pups were born in the Northwestern Hawaiian Islands, compared with 138 in 2008.  But in the Main Hawaiian Islands, birth rates seem more promising with 15 monk seal pups born including six pups on Moloka’i, five on Kaua’i, and two each on O’ahu and Maui.  The federal government must act now to update the current protections for Hawaiian monk seals to ensure deepwater foraging areas of the NWHI are protected, as well as the areas being re-populated in the main islands.

Protecting this habitat for monk seals will also protect these areas for humans, too.  Subsistence fishers and monk seals benefit from the same protections — where monk seals are protected, shoreline and nearshore non-commercial fishers are also protected.  By expanding critical habitat for monk seals, we can ensure subsistence fishing grounds are not built over by hotels, highways, and industrial fish farms.

Posted in Hawaiian Monk Seal, Northwest Hawaiian Islands, conservation, ocean protection | 1 Comment »

Mauna Kea Update: Appeal before the ICA

July 29, 2010 by martitownsend

From Marti:

Yesterday, the Mauna Kea hui (Mauna Kea Anaina Hou, Royal Order of Kamehameha I, Sierra Club, KAHEA, and Clarence Kukauakahi Ching) filed the opening brief in our appeal to the Intermediate Court of Appeals challenging the Comprehensive Management Plan (CMP) for Mauna Kea.  The Circuit Court had denied our case on the theory that the CMP didn’t actually do anything to affect the summit.

If the CMP doesn’t do anything to affect the summit, then how can the University of Hawaii proceed with its proposal to build the Thirty Meter Telescope?  Answer: they can’t.

The University of Hawaii — the sole creator, proponent and implementer of the CMP — simply can’t have it both ways. Either the CMP meets the legal requirements for construction in a conservation district and therefore does “something”… a “something” for which rightholders like the Mauna Kea hui can ask a court review.  OR… the CMP doesn’t actually do anything, and therefore doesn’t meet the pre-requisite that a conservation district have comprehensive management before anything is built there … thus prohibiting the construction of a new massive telescope.

Here is the introduction to the hui’s opening brief:

This case is about the Board of Land and Natural Resources’ (“BLNR”) preferential treatment of the University of Hawai‘i’s astronomy program and its complete disregard for the protected rights of Native Hawaiian and other users of the summit of Mauna Kea.  On its face, the University of Hawai‘i’s Mauna Kea Comprehensive Management Plan (“CMP”) purports to broadly and actively regulate all uses of the Conservation District of Mauna Kea’s summit, including the religious, cultural, and recreational activities of the Mauna Kea Appellants.  But the BLNR chose to completely ignore the CMP’s impact on Mauna Kea Appellants’ rights, duties and privileges.  Contrary to its obligations under Hawai‘i Revised Statutes (“HRS”) Chapter 91 and Department of Land and Natural Resources (“DLNR”) regulations, (Hawai‘i Administration Rules (“H.A.R.”) §§ 13-1-28 – 13-1-40), the BLNR issued its final decision to approve the CMP without holding a full and formal contested case proceeding. Record on Appeal, 2009 (“ROA-2009″) at 20-27.

The Mauna Kea Appellants appealed the BLNR’s final decisions to the Third Circuit Court of Hawai‘i (“Circuit Court”).  ROA-2009 at 1-15.  Appellees BLNR and the UH entities refused to transmit the administrative record to the Circuit Court and instead filed a Motion to Dismiss the appeal.  ROA-2009 at 254-265, 268-282.  Incredibly, the Circuit Court determined, without ever reviewing the CMP or the rest of the administrative record, that the CMP was a harmless “unimplemented” document and dismissed the appeal for lack of jurisdiction.  ROA-2009 at 369-372; Record on Appeal, 2010 (“ROA-2010″)  at 1-9.

The Mauna Kea Appellants respectfully request that this Court reverse the Circuit Court’s order and remand this case to the Circuit Court: (1) with a finding that the Circuit Court has jurisdiction, under HRS § 91-14 and/or H.A.R. § 13-5-3 to review Appellants’ appeal from the BLNR’s final decisions; or, alternatively, (2) with a finding that the Circuit Court misapplied the standard of review for a motion to dismiss for lack of subject matter jurisdiction, particularly where the issue of subject matter jurisdiction is intertwined with the merits of the Appellants’ appeal.

In other words, please give the Mauna Kea hui its day in court.  Here is a link to the full opening brief.

Big mahalo to our attorneys, Colin Yost and Elizabeth Dunne, for working so hard on our behalf.

Posted in conservation, environmental justice, land and cultural rights, mauna kea, telescopes | 2 Comments »

Spreading the Word

July 29, 2010 by kahea

From Shelley:

Aunty WalterBea shares stories of Mauikupua, the demi-god.

This weekend we hosted our fourth Environmental Justice Bus Tour–this time with an added stop at the Farmer’s Market.  Mahalo to everyone who came out to learn more about Wai`anae! We had a great mix of people hailing from far and wide.  Groups represented were Nakem Youth (from Kalihi), CEJE, Hawai`i Farm Union, the Hawai`i Independent, and the Lawai`a Action Network–as well as some community members.  Special shout out to Nakem Youth for blogging your reflections of the bus tour! Check it out! Here is some of their powerful testimony:

Mark: “We gotta change our public perception of Waianae. I didn’t know about the agricultural lands, it was beautiful to see and very different from the way the mainstream media presents it.”

Sonny: “I have family members who live in Waianae and I fear for their lives. There are many kids who run around and I don’t want them getting hit by trucks…”

Rochie: “I live in Waianae I didn’t know what was really happening.  The dumpsite was all blocked and I thought it was for housing development.  We need more transparency from these companies and the state.”

Powerful! More at their blog.  Mahalo to Nakem Youth member, Mark Fiesta, also for putting up such beautiful photos of the event. Here’s a link to his blog. Solidarity is a beautiful thing. :) Mahalo to everyone for coming, if you are interested in joining our next tour, it is on August 28th.  Email shelley@kahea.org for more information.

Posted in environmental justice, food sovereignty, island sustainability, land and cultural rights | Tagged , , , , | Leave a Comment »

Where there’s youth, there’s hope

July 23, 2010 by martitownsend

From Marti:

The Ho‘ike for the second graduating class of Ka Makani Kaiaulu o Wai‘anae that was held last friday totally renewed my internal spring of hope for the future of Hawai‘i.  Ten young people with nothing in common, but their home along the Wai‘anae Coast, came together to learn about the history and power of social justice movements in Hawai‘i and around the world… and they got to participate in a little movement building themselves.

“Waianae needs more voices,” the returning institute student added. “A lot of people are affected by what’s going on but don’t do anything about it. It’s like an ongoing unfinished project. … We are just trying to do our part and along the way we are learning so much about Waianae, the cultural history, and the impact we can have on our future; not just in the community but the whole world if we do something.”

KAHEA staff had the honor of working with this youth during this summer program.  We helped with some of the curriculum and encouraged them to participate in the LUC hearing on the Concerned Elders’ Petition to Intervene in the reclassification of ag land for an industrial park.

These students are an inspiration.  Smart, compassionate, and full of possibility.  The hope is to continue this program next summer or maybe even expand it into a year-long program.  To do that, though, would mean a lot of community support and financial backing.  If you are interested in donating to this program, click here.

Here is a link to the full story on the Ho‘ike in The Hawaii Independent.

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PEWA at the MAMo Gallery

July 22, 2010 by Miwa

Mahalo to all of our O’ahu ‘ohana who came out to celebrate and support last Friday at the fundraiser at the MAMo Gallery for PEWA!

Artists Carl Pao and Solomon Enos working together inspired a collaborative consciousness expressed as PEWA. This “butterfly patch” commonly associated with the repair of a beloved ‘umeke, is an old symbol of connecting, a healing tool to bring flesh together, a link between man and gods, a rejoining of precious wood. The connection is in itself, a thing of beauty.

Beautiful art and beautiful company–we owe a heartfelt mahalo to artists Solomon Enos, Carl Pao, and to Maile Meyer, Dana, Na Mea, Pa’i Foundation and the rest of the MAMo folks for their support.

You can go and check out PEWA at the MAMo Gallery in Chinatown for a few more weeks!

More information at: http://www.facebook.com/pages/MAMo-Gallery/

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You Don’t Know What You Don’t Know

July 16, 2010 by kahea

From Shelley:

This past Saturday, a small group of determined “door knockers” set out to give a heads up to residents on Hakimo Road in Lualualei about a proposed industrial park planned in their neighborhood of small farms and homes.  Of all the 30 or so people we talked to, not a single person had heard about or been notified of these plans to industrialize the valley.

I have to admit, I was nervous going into a rural community knocking on doors, but everyone was really nice.  They were thankful we came by because otherwise they would have never known that an industrial park is being proposed.   Of course it helped being with Aunty Alice Greenwood, who everyone knows, and it felt good to hear people express their gratitude for  her determination to fight.  Those kind words are important to me because I’m always wary to get into other people’s business–knowing that we have their blessing and request to move forward tells me that we’re on the right path!

One thing that really tugged at my heartstrings was meeting more than one family that lost their farm in the Kalama Valley evictions in the 1970s.  These families relocated to Wai`anae and 35 years later are again facing the displacement of their family business and rural lifestyle- -from some of the same developers!

For rural Hakimo Road, the developer’s own numbers cites an additional 522 trucks an hour during peak hours! I don’t even know how that is possible, but that figure comes directly out of their EIS report. The only legal access to the property is rural Hakimo Road. (Though the proposed site is actually on Lualualei Naval Road, this private road requires an agreement with the Navy for regular access.  Our calls to the Navy have confirmed that no such agreement exists!)

If you have ever been on Hakimo Road you will know that 1) there are NO sidewalks, 2) it is narrow and winding, and 3) is already dangerous at the current traffic level, let alone with the addition of over 500 big trucks!  One resident pointed out to us, “Go walk up and down, you’ll see flowers at almost every turn marking all the accidents!”–it was so sad, she was right.  There’s a preschool on this road and many residents are worried about the health and safety of the kamalii (little ones) who go to school there.

Can you imagine if this was going on in your neighborhood?  You can sign here to stand in solidarity with this community!

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Shoreline Fishing Regulations Debated

July 6, 2010 by martitownsend

From Marti:

The State is considering additional regulations on shoreline recreational fishing on Oahu.  According to the Starvetiser, informational public meetings are being held this week and next:

The meetings are scheduled in Kaneohe at Benjamin Parker Elementary School cafeteria on Friday, at Mililani High School cafeteria on July 13, and in Honolulu at Stevenson Middle School cafeteria on July 15. The meetings start at 6 p.m.

Here is a link to the full article.  The comments on this one are thoughtful and enlightening.

From my perspective, while I appreciate the lessons many commenters try to draw from the permitting systems in “other coastal states,” I feel it is crucial to remember that Hawaii is not a coastal state. It is an island nation.  Not only does Hawaii have a uniquely different political history that we must respect, it also has a unique geography.   So while there may be lessons to learn from how other places protect their marine resources, I don’t think that is the one.

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One Can Never Be Too Prepared

July 6, 2010 by Miwa

Welcome Tyler Gomes! Tyler is serving as a summer legal Fellow at KAHEA through the Center for Excellence in Native Hawaiian Law at the UH Richardson School of Law. He has been working at KAHEA’s Environmental Justice Program, assisting Staff Attorney Marti Townsend with a petition by the Concerned Elders of Waianae to intervene at the state’s Land Use Commission.

Last week, Tyler was witness to an amazing victory–the LUC unanimously granted the Elders petition!

This intervention will allow them them to formally bring evidence and testimony about why they oppose changing the zoning of a large parcel of agricultural and preservation land to allow industrial land use. This zoning change would allow the construction of a large industrial park next to small farms and homes in the back of Lualualei Valley on O’ahu’s west side, and pave the way for a proposed new landfill. (The developers are also seeking this zoning change through the Sustainability Plan process, which we’ve written about here.) This community is a population center for one of the largest communities of Native Hawaiians in the islands.

Over 400 of you have already signed the petition in support of farms, not dumps for the Waianae Coast! Mahalo! To add your name, click here: http://tiny.cc/purplespotpetition

From Tyler, in his own words:

On July 1, the Land Use Commission held a preliminary hearing on whether the Concerned Elders of Waianae can intervene on Tropic Land’s proposal to reclassify farmland to urban and build an industrial park at the back of Lualualei Valley. The Concerned Elders are an all-volunteer group of mostly aunties who want to protect the Waianae they love.

Before I give you the scoops on the day-long process, some back story:
In the process to change a boundary classification (whether a piece of land can used for a farm, a house, or a shopping mall), the LUC gives a chance for people other than the property owner, the state office of planning, and the city department of planning to also be parties to the decision-making process. As parties, you get to put on evidence, question the other parties’ witnesses, and make detailed written suggestions to the LUC every step of the way. It is a lot of work and it is not easy to get. But, the Concerned Elders wanted to be at that table.

So our sole obstacle was: prove that the Elders have a reason to be at the table.

But…sometimes…things don’t happen as planned. Sometimes somebody might miscount a day and miss the filing deadline. That’s exactly what happened. I know. It was heartbreaking for all of us. We were told — on multiple occassions, by multiple people — these LUC rules are complicated and hard to follow and totally unforgiving. That was where our second obstacle came in: how do we address the fact that we filed late?
Thanks to some creative legal research I found a “Motion to Waive Commission Rule.” It had gotten a pardon for other mistakes made before other commissions in other jurisdictions, maybe it would work here, too. So, we immediately filed a follow up motion to support our petition… and waited for Tropic Land’s response. Nothing came. Did they waive their objection to our request to intervene? Highly unlikely. We called the LUC. No, they did file an objection, but they just sent our copy to the completely wrong address — someplace in Oregon. Here was our chance! Surely the LUC would forgive our one-day late filing, when a fancy, well-experienced law firm could make a similarly human mistake. We were back in the game; admittedly, with only one day before the hearing to file our reply to their opposition. In 24 hours, we wrote a brief to answered every one of their objections to our intervention, got declarations from members signed, made 20 copies of everything, collated it (on the floor) and served it — properly — on all parties.

So the LUC hearing addressed two things: 1) Should the LUC give us an extra day and excuse the late filing? and 2) Should the LUC give the Elders their seat at the table?

Here’s the play by play:
8:20 AM- Marti and I trek to the office from our parking gravel pit (four blocks away)…IN THE RAIN.

8:30 AM- We get in and begin prepping whatever documents she may need to reference, getting everything in order, whilst drying off.

9:00 AM- We get to the LUC and students from the Kamakani Kaiaulu O Wai‘anae are all there prepared with signs and speeches. They’re excited. It seems to be the general mood of the morning. Kind of like static electricity, but the good kind.

9:15 AM- The room is already filled, and we’re second on the docket. So there’s a crowd outside. The LUC staff is adamant that the public testimony needs to be about why the Elders should be given their seat, NOT why an industrial park should be built in Wai’anae (though there are so many reasons).

9:30 AM- The first item is up on the docket. Some of the kids sit inside to listen with Aunty Alice and Ms. Nordlum. The first item is a status update, so this should end quickly. Marti, Aunty Walterbea, Shelley, Miwa, Kanoe, Ms. Stack, and myself sit outside on the floor and prepare.

10:00 AM- Still waiting. The excitement is wearing off.

10:30 AM- Quick?

11:00 AM- The LUC takes a break and lets us know to come back at 1:30 PM for our hearing. The kids are a bit restless because they’ve been sitting for almost two hours, and now we need to make arrangements because they weren’t anticipating staying in town for so long. The kids’ testimony also needs to be edited. There is concern that the LUC may be a bit touchy after the long morning, and having multiple kids each read a piece of the testimony may not over well. They decide that they’ll all stand, but one student will read the testimony. The kids go on a downtown field trip for lunch. Marti, Shelley, and I head to the office to regroup and rethink. Many of our Elders have to leave because of the unexpected plans.

1:30 PM- Back at the LUC. We’ve had lunch and talked it through. We’ve got answers for every question they could throw at us. Exhibits. Caselaw. The Wai‘anae Sustainable Communities Plan. The EIS — tabbed ad infinitum. We were set. Some might think us “rag-tag,” but even rag-tag can never be too prepared.

1:35 PM- The head of the LUC reminds us that our public testimony should not speak to the merits of an industrial park; just why the Elders should get their seat at the table. It seems to be a point of concern for the LUC.

1:40 PM- At this point, the excitement got so high, I don’t really have any concept of time.
They begin. The Kamakani kids give a great testimony about why the kupuna should be admitted. Heartfelt. Tearjerking for some. Legit.

Then Aunty Walterbea offers her testimony. It spoke to the point and was so real. Marti asked Aunty Walterbea some clarifying questions in order to strengthen the arguments.

The LUC asks for any more witnesses. No others?

Wait! One of the Kamakani kids, Kimi Korenaga, volunteered to give her own testimony, much to everyone’s surprise. She spoke about how the kupuna have offered her such a unique point of view in life, it would be unwise to dismiss the kind of knowledge and insight they have in the proceedings. She brought the hammer down on the nail’s head.

The LUC then asks Marti for her argument about our shot-in-the-dark “Motion to Waive Commission Rule.” Marti takes full blame for miscounting the days. True leadership. While anyone could’ve caught the mistake, Marti explains to the Commission that she miscounted. She then cites a Supreme Court case that procedural rules are not there as a “game of skill” to boot out players on a small slip-up, but rather ensure a “proper decision on the merits.” Marti continues on about how we fixed the issue immediately in less than 24 hours and we have proven that we are committed to a fair process.

Commissioner Devens clarifies: it was just miscounting, and it was rectified immediately. Marti also reminds the Commission that anyone can make this mistake, and that even Tropic Lands can sympathize with the inability to serve papers on time.

Tropic Lands objects without comment. Department of Permitting and Planning does not object. The Office of Planning does not object. The LUC throws the motion on the table, it’s seconded. The Comission takes a roll call vote……

8-0! Unanimous. They’ve waived their deadline rule, and without hesitation grant us the extra day…which means we aren’t technically late anymore!

Now onto the meatier of the two issues. Should the Elders be admitted? (Obviously! But does the Commission think so?)

Again, Marti gives our statement. Emphasizing the unique interests of the Elders. Explaining why the Elders will be affected by the outcome of this decision, and therefore they should participate in this decision-making process. Commissioner Devens again asks for clarification regarding the Elders’ group itself. Marti explains about the history of the Elders. He’s satisfied.

Tropic Lands, unsurprisingly, objects with no comments. The DPP does not object. The OP conditionally supports our petition. The Commission throws down a motion to grant our petition.

Whoa. Wait. Where’s the questions? And the interrogations? We have citations! And papers. Lots of papers! And answers! We have tons of answers! But that seems to be it. The staff prepares to take the roll call.
But wait, the OP has one more question. The petition to intervene says that Marti is currently the attorney for the Elders. Will there be someone else? Marti, very humbly, tells the Commission that we’re actively looking for a more experienced attorney who “knows what they’re doing” because this is the closest she’s come to this type of work before the Commission. She asks the LUC for any suggestions. They laugh (this disproves my theory that Commissioners are robots.) Marti explains, though, that until they find someone, she has vowed to stand by the Elders until the end. Very chivalrous. The Deputy Attorney General tells Marti that she’s doing a great job, because, duh, she is!

At this point Marti, Shelley, and I have this odd moment of clarity. You know that feeling where you realized you’ve prepared yourself so much more than you ever needed to? That’s the feeling we got.

They take the roll call vote in support…

1 yes. 2 yes’. 3…4…5…6…7…and…8! YAHTZEE!!! Again unanimous. There seems to be a common air of disbelief at how simple it all was. Tears are shed. Many tears are shed. Two wins in a row provides great momentum for the hearings to come!

We regroup in the lobby and discuss how great it went. There are some fantastical dance moves thrown around. Some wildly giddy laughs. A plethora of smiles. Hugs and kisses. More dancing, just me though. Marti thanks the kids for coming out and representing their communities. They perform Oli Mahalo to the Elders that were able to stay, and Aunty Walterbea responds with Oli Aloha. It all seems so….balanced. Pono, if you will.

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No Plans to Clean Up Depleted Uranium, Army Says

July 1, 2010 by Miwa

Mahalo again to Alan McNarie for excellent investigative piece on Depleted Uranium (DU). Schofield Barracks (O’ahu) and Pohakuloa Training Area (Hawai’i Island) are main areas where DU is a concern, but the Army has also admitted that there may be DU at Makua (O’ahu).

According to a high Army official, the Army never intended to remove depleted uranium ammunition remnants from Pohakuloa Training Area and Shofield Barracks, and it has no plans to do so for as long as the firing ranges at those facilities are still in use.

See the full article in the Big Island Weekly at: http://bigislandweekly.com/articles/2010/06/30/read/news/news02.txt

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Aina Hoola o Mailikukahi

June 29, 2010 by kahea

From Shelley:

Two weeks ago I attended a Food Sovereignty Conference in Waimanalo.  I was a little bummed because I was on the planning committee, working on behind the scenes stuff, but in retrospect I can’t complain!  Went to some awesome workshops and met some incredible people.

The first day was devoted to the Youth Delegation to learn more about the concept of Food Sovereignty and about the leadership qualities it will take to turn Hawai`i’s food dependency around.

The next day was open to the general public and after an opening plenary we embarked on huaka`i (field trips) to various farms and other food systems in the area.  The sites were UH SOFT Garden, Mala Laulima, Olomana Gardens, Aina Aloha o na Limahana and an on-site Aquaponics demonstration.  That was a HOT day, I got burnt.  I went to Mala Laulima, an organic garden behind Waimanalo Elementary School.

The last and final day was full of workshops to attend.  I attended `Ai Pono, Local Pollinators, and Native Limu.  It was awesome.  `Ai Pono was Uncle Herbert Hoe and his daughter Aunty Tammy.  They are working hard to incorporate fresh and traditional foods into school lunches!  This past year they only served at Hakipu’u Learning Center (a charter school run by their family), but next year they are expanding to 7 schools!  Exciting! :) They said the kids get mountain apple in their fruit salad–so lucky! They use `ulu from their yard, and are able to buy produce from nearby farmer’s (they’re from Waiahole).  Aunty’s message: “It CAN be done!” :) So inspiring.

The session on Local Pollinators was so awesome!  They brought different kinds of honey for us to try–so ‘ono, as well as a display bee colony.  Did you know that Princess Bernice Pauahi Bishop was the first one to introduce honeybees to Hawai`i?  We learned all about how different kinds of bees pollinate different kinds of plants.  Here’s one of the coolest images they used.  The top is a cucumber that had been “visited” (supposed to be by a bee, but this might have been hand pollinated) only a few times, next to one that was “visited” many times.  Night and day!

the power of pollination!

Bees are so important!  I learned of a new deleterious effect of pesticides and herbicides–they can kill bees!  The presenters were saying that bee folks think that this is a contributing factor to the decline in wild bee populations.  Another reason to go organic! :) The other cool thing I learned was that we have native honeybees!

The bummer thing is that the other day I saw this article about how they are being considered for federal protection because they’ve become extremely rare. They are endemic, not found anywhere else in the world! The article said that they may be getting pushed out by honeybees, but the presenters said that studies in Brazil said that honeybees are not known to be invasive, but instead pollinated enough plants so that native bees continued to have habitat and food.  Not sure which one is the case in Hawai`’i.

The last workshop I went to was on Native Limu–wow, so much knowledge!  Uncle Henry Chang-Wo shared about how he can look at the limu on the shoreline to tell what kind of fish are present in the area–because certain fish only eat certain limu.  Wow!  He also shared about how some kinds of limu can only grow in areas where there is fresh, clean water outflow–if you see that one on the shore you know that the watershed of the area is somewhat still intact. He explained that limu was to Hawaiians what herbs and spices are to other cultures.  I could go on and on, but really, if you ever get a chance to meet Uncle Henry, be ready to learn!

Mahalo to all the presenters, hosts, and participants–see you all next year! :)

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Come Talkstory – Shoreline Fishing Issues at Ka‘ena – June 27th

June 21, 2010 by martitownsend

From Marti:

On Sunday June 27th starting at about 2:00 pm, fishers and ‘ohana will be gathering in Waiawa to discuss issues surrounding the management of Ka‘ena Point on O‘ahu. (Click to see map)

Located at the most northwest point of O‘ahu, Ka‘ena is one of the last relatively wild shorelines left on the island. It is a beloved fishing spot for many families, a spiritual pathway into the afterlife, and a refuge for endangered birds.

Its extreme weather and remote location helped to limit development, though it has suffered its share of urban burdens, including train tracks, military training, and most recently mud-bogging and uncontrolled bonfires.

As you may already know, Ka‘ena has been the focus of many regulatory attempts over the years.  Most of these past efforts have met with failure due to lack of community support. Here is a link to the long list of abandoned management schemes at Ka‘ena.

With a brand of tenacity unique to state government, once again, the community faces a new management plan developed by staff at the Department of Land and Natural Resources with only selected input from community members.  The state needs a new management plan because Ka‘ena will likely be highlighted as one of O‘ahu’s wilderness camping areas under DLNR’s new “Recreational Renaissance.”   Recreational Renaissance is just a nifty name for another scheme to raise money from the use of state land in a wide range of not-always-compatible ways, including the collection various permit and entry fees to state parks.  A draft of the state’s plan for Ka‘ena will be open for general public comment at a hearing in late July.

In anticipation of this meeting and in response to many complaints about state management, shoreline fishers from around O‘ahu are gathering at a farm in Waiawa on June 27th to talk about the many issues facing this community.  The recent trend in harassment of fishers by DLNR enforcement officers and HPD has led many to forego fishing the way their families have for generations.  This is related to current state regulations that limit the longstanding practice of over-night fishing and current proposals to impose new permitting requirements on shoreline fishers.  Click here to visit a blog specific to Ka‘ena management issues.

This is a tough issue to grapple with.  For me, I think the disconnect was said best by one lifelong fisherman from Waipahu:

“Why you imposing fees on me, when I only can catch enough to feed my family, but you do nothing, nothing to prevent the massive fish takes by these commercial guys, who come in here just when the fish start to run and take the whole school one time?”

If you are interested in learning more about shoreline fishing issues on O‘ahu and want to connect with the local fishing community, please contact Summer at 753-4221/ culturalpractice@gmail.com to RSVP for the public meeting on June 27th at 2pm in Waiawa.  She asks that you bring own chairs.

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Preliminary Victory in Long Battle to Save Farmland

June 4, 2010 by martitownsend

From Marti:

The first preliminary hearing in the whole purple spot saga was held on May 20th before the Land Use Commission.  The Land Use Commission met to decide whether the Environmental Impact Statement is complete for Tropic Land’s proposal to turn 96 acres of fertile farm land into an industrial park at the back of Lualualei Valley (the industrial park is the purple spot).

All six commissioners present agreed that the EIS is complete, but some of them made clear that based on the public testimony presented they had serious concerns about the proposal itself.

Testimony presented to the Land Use Commission alleged that Tropic Land, LLC  is operating an unauthorized truck baseyard on agricultural land and has illegally mined pohaku from a known ancient Hawaiian cultural site.

“At least 85% of the farmland has been covered with asphalt,” said one eye-witness.

Activities like storage of trucks, and vehicle repair and maintenance are not allowed on land zoned for agricultural use.  Waianae Coast residents said they filed complaints with both the Department of Land and Natural Resources’ Enforcement Branch and the City and County of Honolulu.

Tropic Land, LLC has been cited on at least three other occasions for engaging in activities on the Lualualei property that were not consistent with its agricultural classification.

Pictures also documented the mining of stones on preservation land adjoining the Tropic Land parcel.  Cultural surveys conducted on the parcel in the 1990’s confirm that this stones comprised a substantial, culturally significant platform.

A Nanakuli resident testified that ¾ of the substantial stone platform had been removed and some of the stones were used to make a sacred place to reinter Hawaiian burials exhumed by Wal-Mart on Keaaumoku Street.  Tropic Land, LLC did not have authorization from the State Historic Preservation Division to remove stones from this site.

Tropic Land, LLC was before the Land Use Commission to change the classification of their Lualualei Valley property from agricultural to urban, in order to allow them to construct an industrial park on the property.

The Land Use Commission accepted Tropic Land, LLC’s final environmental impact statement for the industrial park proposal, but not before voicing concerns about the testimony presented by the public.

Holding up a picture of trucks parked behind a fence on the Tropic Land parcel, Commissioner Contrades  asked Tropic Land’s attorney William Yuen, “is this correct?”  Mr. Yuen said he had not seen the photograph, but that the property is not paved and trucks are not being stored on the property at this time.

Commissioner Wong asked Yuen a series of questions to clarify that acceptance of the EIS did not in anyway demonstrate support for or ensure approval of the project.

Commissioner Teves requested that the Commission perform a site visit to “see the so-called commercial use of the property in its present form, to see if it is true or not.”

What does this mean for the future of the purple spot?

It means that the formal one-year process to decide whether to rezone this part of Lualualei Valley from ag to urban has started.  The hearing on the actual rezoning decision will be held on September 9, 2010 at 9:30 before the Land Use Commission.

It also means that the developer will have a very hard time arguing that this industrial park proposal is consistent with Waianae’s Community Sustainability Plan, since the current has no purple spot allowing for industrialization of this area… and the amended one with the purple spot has not been adopted by the Honolulu City Council.  In fact, staff at the city said they don’t expect the Waianae Community Sustainability Plan to come before the Council the Fall of 2010.

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Tight fit at the LUC

June 3, 2010 by shelleyatkahea

From Shelley:

Last month, we went to the Land Use Commission for the proposed rezoning of agriculture land to industrial land in the back of Lualualei Valley. From the moment I got there I felt lost–the actual hearing room is tucked away on the 4th floor with very little signage.  The building is set with a corridor that goes around in a square with rooms toward the outside of the building and then a bigger square room in the center (although it’s not very big either).  Before I realized the layout looked like a racetrack I was wandering around in a circle and ran into 4 other people looking for the LUC!  I ducked into one of the offices and got directions.  When we got to  the actual hearing room I was shocked at how small it was!  This is the room where some of the most important decisions about Hawai’i's land and our access to that land happens… in this itty bitty place?!

It doesn’t inspire confidence that the commission that decides on how the space on our island is used, haven’t done such a good job managing their own space!  There are tables arranged in a long rectangle with a big empty puka in the middle!  This leaves enough space for a single ring of people to sit and stand around 3 of the 4 walls of the room.  Everybody else has to overflow into the hallway where you can’t hear anything! Also, the guy who has the job of passing out printed materials from the testifiers sits on the other end of the rectangle and has to shimmy along the wall behind the commissioners to get the documents. There must be a better layout!

The point of my rant is that this kind of space doesn’t encourage public participation!  Moreover, having the hearings during the workday prevents many people from participating.  There must be a better way!

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