12-02-2015, 03:16 PM
quote:
Originally posted by dakine
All this could have been prevented had the state learned from the Superferry debacle.
The TMT and Hawaii Superferry debacles are two vastly different situations. The Hawaii DOT improperly granted the Hawaii Superferry an HEPA exception, so they didn't have to do a EIS for their harbor improvements. However, the HSF's flawed business model ultimately killed the service.
The TMT, on the other hand, followed the law and all the processes required of them. It was the BLNR that ultimately screwed up. They improperly granted the CDUP before a contested case hearing, which denied the petitioners due process. I don't necessarily agree with this opinion, but this is what the highest court in the land decided.
I also figure the TMT will go through the process of obtaining the CDUP again. The HSC ordered, in part, the BLNR hold a new contested case hearing in lieu of the defective hearing held in 2012.