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The Honolulu Advertiser
Posted on: Thursday, July 23, 2009

Suit targets work at marine refuge


By Rob Perez
Advertiser Staff Writer

An environmental group is suing the state for allegedly failing to comply with Hawai'i's environmental protection law in approving hundreds of permits for research and other work in the Papahanaumokuakea Marine National Monument.

Kahea, The Hawaiian Environmental Alliance filed a complaint in state court Tuesday seeking an order forcing the Department of Land and Natural Resources to follow the law before issuing any more permits for work done in the monument, one of the largest marine conservation areas in the world.

Without doing required assessments on how the proposed work would affect the Northwestern Hawaiian Islands environment, the agency approved such activities as shark kills, extreme-sports canoe racing, harvesting of thousands of marine species and disturbing of sunken vessels, according to Kahea's lawsuit.

In addition to being home to endangered species and pristine coral reefs, the islands hold cultural significance for Native Hawaiians.

The agency's failure to follow the Hawai'i Environmental Policy Act is reducing public participation in the decision-making process and shortchanging required cultural-related evaluations, Kahea alleges.

"We've been raising these issues with DLNR and all the monument managers for a long time," said Marti Townsend, Kahea's program director. "Our concerns basically fell on deaf ears."

A DLNR spokeswoman said the agency had not received a copy of the lawsuit yesterday afternoon and therefore couldn't comment.

Kahea's lawsuit comes nearly two weeks after a former DLNR employee, David Weingartner, filed a whistleblower lawsuit against his ex-employer, claiming he was illegally fired for raising similar concerns about the permitting process for the monument.

Kahea cited Weingartner's pending lawsuit to bolster its case.

The law at the center of both lawsuits is the same one that sank Hawaii Superferry, which shut down in March.

Stephanie Fried, executive director of 'Ulu Foundation, an environmental and human rights group, said she was astonished that DNLR has, according to her, blatantly violated the law, even after the Superferry debacle.

"This monument is supposed to be one of the most protected areas on Earth," Fried said. "And they haven't even done the basics."

Permits to do work in the Northwestern Hawaiian Islands are reviewed by DLNR, the National Oceanic and Atmospheric Administration and the U.S. Fish and Wildlife Service, the three agencies that jointly oversee the monument. The two federal agencies evaluate compliance with federal laws, while DLNR is tasked with ensuring state laws are followed.

Scientists say research is critical to learning more about the monument and its marine life.