No Ferry To Maui

[Charlie99]

The Garden Island news Hiraga viewpoint article, dated Oct. 12, '06 (Superferry has run the gantlet), brought about an immediate reply viewpoint, dated Oct. 15 '06 (Superferry has not run the gantlet), which is one of the earliest mainstream news sources mentioning DU that I've seen.

I had thought about providing that link, but figured that having that article stand as a representation of the anti-ferry movement would be kind of liek setting up a straw man argument. There are other, much more congent and rational arguements that can be made than weird accusations about the Stryker brigade and depleted uranium.

In August 2005, his three deputies (for airports, harbors and highways) were told to report directly to Bob Awana, Lingle’s chief of staff, “The deputies do not report to me.”

By August, the harbor improvments had been exempted from the EA, and the various courts had found in favor of the HDOT. From August '05 until the Hawaii Supreme Court overturned the ruling in late Aug '07, that's how everything stood, other than few minor tweaks regarding traffic leaving the Kahului harbor (restriping some lanes and the insane restriction of no more than 2 cars per minute to be released out of the harbor area).

Also, if you look at the Hiraga statement, he claims no state taxpayer funds are being used, which does kind of sound like he was not informed by his deputy.

I'm pretty sure this is semantics rather than being misinformed. As reported in the newspapers, there were bonds issued with the backing of the state, to be paid by by the HSF through fees. Technically, they aren't state taxpayer funds, even though the state legislature approved the issuance of the bonds. OTOH, if the ferry defaults, then the state ends up covering the default. I haven't bothered to confirm whether these bonds were typical private activity bonds or something else, but similar.

 

[MauiScubaSteve]

There are other, much more congent and rational arguements that can be made than weird accusations about the Stryker brigade and depleted uranium.

Did you notice amidst the recent HSF timetable pressure that Garabaldi went from not commenting about backup plans to refusing to comment! Understandable if the backup plan is a matter of National Security.

 

[Charlie99]

Judge Cardoza in Maui has issued an injunction that prohibits the superferry from going to Maui while the state prepares an environmental assessment on the Kahului harbor improvements.

Since this takes several months, and may result in a requirement for an environmental impact statement that can literally take years for preparation, hearings, and litigation; it looks like the superferry is not going to run unless the state legislature passes a law specifically allowing the ferry to operate.

 

[Cacia]

Yes, I saw all that and wonder what will happen. I do get the feeling that they had a very convenient back-up business plan all along when I watched the president, Garibaldi, whatever his name is, tesify. Not sure if that is just good business or duplitious...perhaps both?

So..if they go do the "other" thing, do they get to keep all the DOT money?

I can't help but wonder if some very shrewd business people set a financial trap for the state Hawaii...if you really think about it, the way Hawaii government operates, you could have almost set this whole thing up.

I look forward to seeing someone do an accounting of the funding trail.

 

[MauiScubaSteve]

In a probably related matter, the court ordered expanded Stryker Brigade EIS article in a recent Big Island Weekly may point to a possible location for the Superferry, and there are even more whales there (Alaska).

Disregarding U.S. law, the Army failed to consider other base locations for the Stryker, as required by the National Environmental Policy Act. Three kanaka maoli groups -- Kipuka, Na `Imi Pono and `Ilio`ulaokalani Coalition -- filed a lawsuit against the Army, which was ruled upon by the 9th Circuit Court of Appeals last October. The court ordered the Army to prepare an environmental impact statement (EIS) "to address a full range of alternatives" to permanently stationing the Stryker Brigade in Hawai`i.

The Army's recently released draft EIS examines "a fuller range of reasonable alternatives" for permanently stationing the 2/25th Stryker Brigade Combat Team. Initially, the Army included alternate locations in Alaska, Washington, Colorado and Kentucky. The draft EIS was then limited to locations that have an infantry brigade that could be moved to Hawai`i to replace the Stryker -- either Fort Carson, Colorado, or Fort Richardson, Alaska.

The locations in Alaska and Colorado are both military garrisons with large tracts of land that are far removed from civilian populations. Lt. Col. Jonathan Allen, public affairs officer for U.S. Army Garrison-Alaska, said "there's a lot of maneuver room available here in Alaska. There's 1.6 million acres between Fort Wainright, Fort Greely and Fort Richardson. We're looking at having a lot of forces stationed here in Alaska . . . The community in the area is supportive of the military."

According to the Honolulu Advertiser the public comment period ends Oct. 30th.

 

[MauiScubaSteve]

This issue is far from over. HSF officials have told the Judge they will appeal. Additionally, Gov. Lingle has been saying for weeks that a Special Session of State Legislature should be convened to pass a law to allow HSF to operate while the EA is conducted. She wanted this SS to pass said law before Judge Cardoza ruled, but did not have enough clout.

Lingle will meet with the Senate President and House Speaker this afternoon to discuss the SS. House Speaker Calvin Say said the House will hold an emergency meeting with its members at 4:30 p.m. on Wednesday to gauge their thoughts on a SS. Senate President Hanabusa said she would ask the governor for time to caucus with her members before holding a SS.

The two pages this information comes from are KITV4 and Pacific Business News.

 

[Charlie99]

What this whole episode tells us is that it is unwise for a business to move forward with any signficant action in Hawaii until one waits the two, three or more years it takes for any legal challenges to be appealed to the Hawaii Supreme Court, and another few years if then taken to federal court.

It presents a bit of a problem in complex projects like the superferry where one needs to bring together a bunch of things, such as a purpose-built ship, dock improvements, training a staff, etc. The catch 22 is that if one goes ahead with one part of the project, it may be wasted money and effort when other parts of the project are killed. OTOH, if one waits to start things like the ship, then the various approvals will expire and the whole project is at risk again.

A major difference between 1st world countries compared to 3rd world countries is the rule of law and predictability of the legal and regulatory environment. Hawaii has just taken a step backward in that area.

 

[MauiScubaSteve]

There is a huge cane smoke cloud drifting out towards Molokini this morning as thousands of million dollar homes are being built in semi-desert areas when we are just days from mandatory water rationing (with thousands more already permitted). Our infrastructure was inadequate years ago, yet billion dollar companies make multibillion dollar developements as said infrastructure falls farther and farther behind. Maui is a third world country in many peoples eyes, and for many of the room renting workers making the Maui experience wonderful enough millionairs want to own property here, this whole episode tells us we may be able to salvage some of what makes Maui no ka oi.

 

[Cacia]

A major difference between 1st world countries compared to 3rd world countries is the rule of law and predictability of the legal and regulatory environment. Hawaii has just taken a step backward in that area.

That is very true and this will have a lasting effect on potential investors for other ventures for a very long time...good or bad.

Many people have a vested interest in Hawaii staying an insider's game, just look at banking.

IMO, if the superferry had not been so huge it might have gone through. You have to admit that paint job and scale was obnoxious, an assault on the phyche for a lot of people. The problem with people who only think rationally and factually is that they miss some important nuances, and the superferry is a great example of a concept that was not marketed well. In many ways it has become a lightening rod for all related cultural issues and tensions.

 

[MeiLing]

the superferry is a great example of a concept that was not marketed well. In many ways it has become a lightening rod for all related cultural issues and tensions.

The bottom line is that this state has a track record of disregarding the will of the people. It is not the first time this state gambled and lost because they failed to listen to their constituency. The whole VanCam fiasco should have been a wakeup that the citizens of this state refuse to quietly accept what government wants to foist on them!