David Kimo Frankel, an attorney with the Native Hawaiian Legal Corporation, sent an angry email to Gov. Neil Abercrombie’s spokeswoman Donalyn Dela Cruz, with the subject line: Your Dishonest Statements About the PLDC.
He laid out a litany of reasons why, contrary to the administration’s claims, the PLDC was exempt from environmental laws. He writes, “Stop lying to the public!”
Choon James, posted the email in the comments section of Civil Beat’s story on the PLDC: Hawaii Lawmakers Vow to Clamp Down on Public Land Corp.
From: David Kimo Frankel
Date: Wed, Sep 12, 2012 at 1:58 PM
Subject: Your Dishonest Statements about the PLDC
I am outraged at your misleading – and frankly, dishonest – statements about the PLDC.
[You wrote in a press statement from the Administration:]
“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.”
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?…
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