Yes, EIS's matter! Hawaii Superferry

This is my first blog entry ever, and I can't think of a better topic than Environmental Impact Statements (EIS's).  We govdocs-loving, tree-hugging types are quite attached to EIS's, as in this fine example of an EIS regarding Columbia River water management, plucked from my library's online catalog.

The Northwestern University Transportation Library has a lovely page defining EIS's and providing a guide to their own extensive collections in this area.  My library has its own internal cheat sheet as well. And you may wish to check out this list of impact statement announcements appearing in the Federal Register since 1994, some of the past few years with linking out to full text documents (thank you, Environmental Protection Agency).

Why do I have EIS's on the brain?  I was reading my local Tacoma News Tribune last Monday, when I saw on page A5 a stunning color photo of an enormous vessel emblazoned with the words Hawaii Superferry, along with a surfer catching a wave in the foreground!  I am no stranger to ferries.  I grew up on Lake Champlain, vacationed in Maine, and now live in Puget Sound, home to some of the hardest-working ferries on the planet (my personal favorite is the
Tsawwassen-Swartz Bay ferry in nearby British Columbia).  But I am used to the thought that one must take an inter-island flight to get around in Hawaii, not board a big honking ferry to get from Oahu to Maui to Kauai.

The article's author, Jaymes Song, notes that the Superferry's first attempt to dock in Kauai was blocked by a dozen surfboarding protesters in the water.  What a sight this must have been, as the ferry with 500 passengers and 150 cars had to turn back.  The protestors, joined by hundreds more on the shore, say that the ferry company failed to perform a full environmental analysis before beginning operation.  Think of it:  no EIS published, and our surfers will block your dock -- that Is seeing the real power of government information.  There are many twists and turns to this tale, and the Seattle Post-Intelligencer ran an informative article on September 2.

The Superferry itself is maintaining a list of news articles about its own fate.  Yes, people, EIS's matter.

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EIS Matter

The State Environmental Policy Act in Washington (State) mandates EISs for actions that may significantly impact the environment. It is a truly beautiful statement of the need to protect and restore our environment.

It does not mandate or prohibit any specific action. It does not give the power for citizens to block any (or all) proposed developments. Rather, it is, at the core, a public disclosure requirement. It simply requires governments to identify the potential environmental consequences of their actions. No more. But that it the ultimate power. A public informed can be a public concerned.

Unfortunately, the Act is more often ignored that observed. Few judges know anything of substance about it. Governments, particularly those in areas dominated by developers, have developed sophisticated procedures to ignore the Act and, worse, to prevent citizens from challenging such evasions. Such governments routinely issue statements of "non-significance" regarding their actions. It is then up to citizens to appeal. Unfortunately, citizens must appeal to the very government entities that issue such statements before they can appeal to the courts. For the "privilege" of appealing to the local governments, citizens can be charged up to $500. If they should have the funds and then choose to go to court after the highly predictable rejection by the government entity, they must then hire a lawyer and endure endless maneuvers by governments to extend and prolong the process.
If they should be so fortunate as to have a case proceed to judgment, they may well encounter judges who assign a very low priority to environmental law and have, in a distressing number of instances, never even bothered to read the relevant legislation. This then means the even larger costs and stress of appeals to higher and, presumably, better informed judges.

So it is a pleasant shock to see that a few judges in a few places do recognize both the survival imperative of a healthy environment and, of equal importance, a healthy respect for law.

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