Just the FAQ
By ddepledge
Gov. Neil Abecrombie’s staff on Tuesday posted an extensive defense of the controversial Public Land Development Corp. on the governor’s web site.
The FAQ contains some of the same content as the strategic plan for the corporation suggested on Monday by state Sen. Donovan Dela Cruz (D, Kaena-Wahiawa-Pupukea) and state Sen. Malama Solomon (D, Hilo-Honokaa).
From the FAQ:
Do PLDC projects need to adhere to existing environmental, historic and other federal, state or county laws?
Yes. The PLDC and project partners must adhere to federal and state environmental and historic preservation laws, wage and hour laws, and other relevant laws.
Although Section 19 of Act 55 exempts the PLDC from laws relating to land use and zoning, those activities must be coordinated with the county planning departments and the county land use plans, policies and ordinances.
That passage, in particular, set off David Kimo Frankel, staff attorney for the Native Hawaiian Legal Corp., who fired off a blistering email to Donalyn Dela Cruz, Abercrombie’s press secretary and Dela Cruz’s sister.
Clearly, you and the administration do not understand environmental law.
* According to no less authority than the Hawai`i Supreme Court, HRS chapter 205, the State Land Use Law is a “law relating to environmental quality.” County of Hawai’i v. Ala Loop Homeowners, 123 Hawai`i 391, 410, 235 P.3d 1102, 1122 (2010). HRS § 171C-19 provides that PLDC projects “shall be exempt from all statutes . . . relating to . . . land use.” Are you disputing that (a) the Land Use Law is an environmental preservation law, or (b) that HRS § 171C-19 does not exempt the PLDC from its requirements. Who is being dishonest?
By the way, the State Land Use Law has protected Pohue Bay, O`oma, Kealakekua and Waianae from inappropriate development.
* According to no less authority than the Hawai`i Supreme Court, HRS chapter 205A, the State’s coastal zone management act, “is a comprehensive State regulatory scheme to protect the environment and resources of our shoreline areas.” Morgan v. Planning Dep’t, 104 Hawai`i 173, 181, 86 P.3d 982, 990 (2004). It also regulates land use. See HRS 205A-28. Are you disputing that (a) HRS 205A is an environmental law, or (b) that HRS § 171C-19 does not exempt the PLDC from its requirements. Who is being dishonest?
By the way, HRS 205A protected Pauoa Bay, Nā`ālehu and many other special places from inappropriate development.
* I’m not sure who in their right mind would question whether our conservation district law, HRS 183C is an environmental law. It has protected Wa`ahila Ridge, Pao`o, Honoli`i, ‘Ewa beach and many other special places. Are you saying that the PLDC is not exempt from this law? Why then has the PLDC refused to put such a provision in its draft rules even after such language was suggested to it?
* The PLDC is also exempt from all zoning requirements. The purpose of the City’s planning and zoning ordinances are “to prevent the deterioration of our environment.” Dalton v. City and County of Honolulu, 51 Haw. 400, 416, 462 P.2d 199, 208 (1969). But neither the law nor the proposed rules require compliance with county zoning laws.
* The PLDC is exempt from all subdivision ordinances and rules. Subdivision requirements also protect our environment. See e.g., Kaua`i County Code § 9-2.1 (“Subdivision shall be planned, designed and constructed to preserve the natural environment and science beauty of the County”), Honolulu Subdivision Rules and Regulations § 1-102(d) (“the purpose of these rules is to . . . preserve, enhance, and improve the anural amenities, qualities and environment of the community.”) and Hawai`i County Code § 23-26 (“Outstanding natural or cultural features such as scenic spots, water courses, fine groves of trees, heiaus, historical sites and structures shall be preserved as provided by the director.”)
Stop lying to the public!
(And by the way, any decent lawyer can tell you that the PLDC law is not equivalent to the HCDA’s – nor are the proposed rules.)
And please, feel free to forward this to your brother.
Political Radar
September 11th, 2012 at 5:40 pm
Ah, Hawaii state gov’ment environmentalism rules and edicts to be used as a chess pawn with more powers than a Dr. Sheldon Cooper could’ve made up for his two own invented pieces. Any environmental impact statement ever done for that lantern floating ceremony every Memorial Day? (An event which has also managed to trump actual war veterans’ due in terms of front page coverage and at the top of every newscast since the floating’s inception, you ever notice?).
More pick and choose via use of environmental take-out-of-the-box when conveeeeeeenient.
Never forget . . . 09/11/2001-09/11/2011.
September 11th, 2012 at 5:59 pm
I guess they don’t deliver.
September 11th, 2012 at 10:43 pm
A few things seem very obvious.
1) The governor and “his people” do not bother to read nor really even try to understand the law
2) The governor and “his people” think that they are right and everyone else is wrong. They are not really listening nor are they open to contrary opinions. Everyone who disagrees is simply wrong and does not understand or is stupid.
3) The governor and “his people” think they can do whatever the hell they want to because they can.
4) The governors true friends and advisors are not friends of the environment, culture or true progressive values. They are developers, bankers and big business owners. Seems while the gov has a liberal social values streak (thank god for at least that) – he has never been a friend of the environment nor of working people. His progressive act has been a sham.
September 12th, 2012 at 8:35 am
“Non sequitur.” Look it up, Booger.
September 12th, 2012 at 4:03 pm
It still doesn’t deliver and I don’t have to.
@Reece:
Your comments are quite restricted, as I said before just flatulence
or passing of gas by you. Go look up the meaning for flatulence
and you would find that “reeces” is decayed comments left in your ” : ”
Take ex-lax to get your bureaucratic standards in movement…
You restrict your comments to ad hominem and since you like to partake
in such, you must be under a lot of pressure. I hope you smoke.
I always wanted to see if passing gas will shoot flames if ignited.
Non-sequitor means Reece. Like your comments are “Off topic”.
September 12th, 2012 at 4:21 pm
Correction: non-sequitur. I am sure Reece’s : will say something.
September 12th, 2012 at 4:45 pm
Seems that Reece is allowed to call Goober, Booger.
Funny to think that every time Reece sneezes it will be reminded
by seeing a Booger coming out it’s nose. Seems Reece is a Booger picker
and enjoys it. The enjoyment of passing gas and picking on a Booger.
So pathetic a person.
September 12th, 2012 at 5:31 pm
Uh. The name is spelled Recce. Two c’s. It’s not “Reece”, like “Reece” from Aliens. Pete’s sake.
Get it right.
September 12th, 2012 at 5:38 pm
* * * PREVIOUS POST CORRECTION REQUEST * * *
Dear Politcal Radar,
Would you kindly replace my instance of Aliens with:
Reece’s Pieces
instead?
Thank you. All of us posters here on “Political Radar” thanks you folks.
Chicken Grease
September 12th, 2012 at 6:01 pm
Abercrombie and his spokespeople have limited credibility, ever since he berated Barbara Marumoto for understanding his proposed law better than he did.
September 12th, 2012 at 6:15 pm
“Chixken Grease:
September 4th, 2012 at 6:02 pm”
Do you like the candy Boogers, a grease?
When you sneeze, you can always pick your “Goobers”.
“Pete’s sake.” “Get it right”.
September 12th, 2012 at 7:02 pm
Ha ha! A Grease is sharp! I was enjoying watching the illiterates try to keep up. Seems that a Especially Incognito and a Goober are a bit, shall we say “challenged” in the cognitive (look it up Goober!) department.
September 12th, 2012 at 7:22 pm
Uh. I do not like that candy. I certainly do not have any “Goobers” in me (thank goodness) in order to “pick out.” I, uh, have no desire to have a “Goobers” in me. The heck are you thinking? The heck are you thinking? Mein gosh.
Thanks, Political Radar. A Grease’s buttocks is now showing. [Sighs]
September 12th, 2012 at 7:29 pm
So is a pinhead, Recce.
If “the illiterates try to keep up”, you are sure moving at a snail’s pace in a cognitive manner.