The Hawaii State Capitol‘s ongoing coup to shut down public participation and exempt certain exceptional projects from environmental review is no small matter. From Sen Donovan Dela Cruz’s introduction of SB 2927 to the now “gut and replace” SB 755, these egregious bills will appease developers grandly but disenfranchise public participation, subvert basic environmental review, and throw rational planning out of the window.

These legislative bills have garnered significant protests from a plethora of citizens that crosses political and professional lines.

Yet, legislators continue to plow on with politics as usual.

In a staunchly blue state like Hawaii, the kuleana to protect the environment and due process has been borne by Republicans like Representative Cynthia Thielen and Representative Gil Riviere while the Democrat leadership from Governor Abercrombie on down are hell-bent on dismantling decades-old landmark environment laws that protect the unique resources and quality of life in the Hawaiian Islands.

Governor Neil Abercrombie has chosen to label concerned citizens as “professional apocalyptic naysayers.” At another event, he further characterized some Hawaiians as creating “self-designating” organizations to latch on for cultural and environmental protections. The governor claimed these Hawaiiana groups’ orchestration was to seek standing to prevent development in areas by saying they needed cultural activities “discovered six minutes ago.” The Governor stated these Hawaiiana groups shouldn’t get legal standing and should be thrown out of court.

In other words, Hawaiians have no right to gather, organize, and seek redress for their concerns.

While opposing constituents are “apocalyptic naysayers” to the governor, the governor must deem exceptional contractors as Hawaii’s sole promised deliverers of a New Day. He and certain legislators are eager to decimate due process with no checks or balances for exceptional projects. The environmental review laws that protect affected public’s right to participate and be consulted are obviously manini stuff to them.

Ironically, those who are tasked to oversee this due process are not always in sync with the Governor. Who really is the leader in Hawaii? Who is steering the island canoe?

Furthermore, the Governor sees legislative maneuvering of these egregious exemption bills as part of “The Lazarus Effect” — that which was presumed dead rises and walks again. Thus, there appears to be nothing to be upset about.

However, from the outside looking in, it feels more like the “King Nebuchadnezzar Effect” — the autocratic rudder-less king who cast three Jewish believers into the midst of a burning fiery furnace because they refused to fall down and worship the golden image that he had set up. When the fire did not consume these three naysayers, King Nebuchadnezzar quickly “decreed that every people, nation and language which speak anything amiss about the God of Shadrach, Meshach, and Abed-nego, shall be cut in pieces, and their houses shall be made a dunghill.” Talk about whiplash and knee-jerk decision-making!

Having gone biblical, we really don’t need to go there at this legislative session. The open government premises are clear. If we as a democratic and equal society do not stand for something, we’ll fall for anything. The environment review laws and the Sunshine Law that protect the public good are not negotiable. These laws must not change; it’s the exceptional contractors and developers who need to change and improve their management of projects.

These basic environmental laws are not tree-hugging laws. They are basic common sense logical steps that all should adhere to in order to protect the well-being of all on our island home.

For example: The provisions of Chapter 343, Hawai’i Revised Statutes (HRS), specifically HRS §343-5(a)(1), simply requires preparation of an Environmental Assessment (EA).

Prior to preparing a draft EA, it is important to consult with the community regarding your proposed activity as well as agencies. Groups, individuals, and organizations that have expertise in the field, have an interest or will be affected by the proposed project should be consulted. Immediate neighbors or neighboring landowners must be contacted. Consultation with the local planning department is required.

Consultation with the affected community is the first of several elements of public participation in the environmental review process established under Chapter 343. The centrality of public participation to rational environmental management has long been recognized as good policy, and it is explicitly identified as a founding principle in the legislative findings that preface the EIS law.

§343-1 Findings and purpose. The legislature finds that the quality of humanity’s environment is critical to humanity’s well- being, that humanity’s activities have broad and profound effects upon the interrelations of all components of the environment, and that an environmental review process will integrate the review of environmental concerns with existing planning processes of the State and counties and alert decision makers to significant environmental effects which may result from the implementation of certain actions. The legislature further finds that the process of reviewing environmental effects is desirable because environmental consciousness is enhanced, cooperation and coordination are encouraged, and public participation during the review process benefits all parties involved and society as a whole.”

What’s so apocalyptic about adherence to this environment review law unless the Governor and his legislators wished to see themselves as emirs or ayatollahs?

The Special Management (SMA) that the Governor wants to exempt for certain exceptional projects has the same protective principles for the public at large.

Special Management Area (SMA)

“People familiar with the area in which a “development” is proposed can call attention to issues that may not be fully understood or appreciated by County staff evaluating the proposal, or by decision-makers. Oftentimes, the public may be more familiar with particular aspects of issues such as public shoreline access, recreational resources, and coastal views than reviewing staff and agencies. Such specific input is key and can result in more effective mitigation measures.”

What’s so naysaying and apocalyptic about our efforts to protect these logical and proven environmental review laws?

We are an island of 596.7 square miles. We are Hawaii. We are not Arizona, Florida, California, Utah or New York. We cannot allow land use policies to be commandeered by special interest corporations , exceptional contractors, and the likes. To kow-tow to these spoiled exceptional groups is akin to allowing them to tear down a cathedral to fry an egg.

For readers who believe that these basic democratic principles must not be tampered with or subverted to appease a few, may I suggest you join the newly organized “Order of the Apocalyptic Naysayers” today! Sign up here.

About the author: Choon James is a member of the Ko’olauloa Sustainable Communities Planning Committee and has been a real estate broker for over 20 years.