Hawaii Department of Transportation Harbor Division will break the law by violating the President Executive Order 13089 for the protect coral reefs as they move forth with their master plan 2035.
We have submitted a Report of Environmental Violations by Hawaii Department of Transportation plans to build its Kawaihae Harbor’s phase 4 expansion.
Excerpts from the report:
Hawaii DOT Harbors Division has plans to expand the existing harbor, which was initially built on a reef. The future expansion will destroy a stretch of the original coral reef. The harbor was completed in 1959, and over 200 acres of coral reef were destroyed by excavating and buried to create the harbor. There have been at least three significant times when the reef was destroyed for past expansions. We, as citizens, need to know how the EPA will or will not allow this new expansion planned for 2035 to proceed. EPA Executive Order 13089 clearly states that HI DOT will be in direct violation. It is also pronounced that the intent to violate the law has been public for an extended period. We also realize that the State of Hawaii is another option and will need to redesign its plans. We also know coral reefs are in peril worldwide, especially in Florida. We appreciate that you will take this report seriously and follow up with us by correspondence…
EPA Executive Order 13089 states:
Executive Order 13089, Coral Reef Protection (PDF)(3 pp, 173 K, About PDF) calls for all federal agencies whose activities may affect coral reef ecosystems to:
- identify such actions;
- use their programs and authorities to protect and enhance coral reef ecosystems; and
- ensure that any actions they authorize, fund, or carry out will not degrade the condition of coral reef ecosystems.
b) Exceptions to this section may be allowed under terms prescribed
by the heads of Federal agencies:
(1) during time of war or national emergency;
(2) when necessary for reasons of national security, as determined by
the President;
(3) during emergencies posing an unacceptable threat to human health
or safety or to the marine environment and admitting of no other feasible
solution; or
(4) in any case that constitutes a danger to human life or a real threat
to vessels, aircraft, platforms, or other man-made structures at sea, such
as cases of force majeure caused by stress of weather or other act of God.
HI DOT has clear intent on eliminating the Kawaihae Beach Reef by dredging to construct its Pier 3 by 2035.
EPA Enforcement Programs
Many of the nation’s environmental statutes contain both civil and criminal revisions to address pollution violations.
- What is the difference between Criminal and Civil Enforcement? Criminal and civil enforcement differ in:
Legal Standard
- Environmental civil liability is strict; it arises simply through the existence of the environmental violation. It does not take into consideration what the responsible party knew about the law or regulation they violated.
- Environmental criminal liability is triggered through some level of intent.
I believe HI DOT intends to violate that Executive Order. They have indicated in their plan to do so.