Wednesday, May 22, 2024
Hawai'i Free Press

Current Articles | Archives

Friday, July 27, 2018
Act 56: When An Agency Is Given Emergency Powers, Pretty Soon Everything Looks Like An "Emergency"
By Robert Thomas @ 12:13 PM :: 5674 Views :: Ethics, First Amendment, Labor

When An Agency Is Given Emergency Powers, Pretty Soon Everything Looks Like An "Emergency"

by Robert Thomas, Inverse Condemnation, July 26, 2018

Stewart Yerton (a reporter who is also a lawyer) today published this report ("This Murky Law Could Give The Governor Broad New Powers") in Honolulu Civil Beat about a new Hawaii statute that gives administrative agencies the power to adopt emergency rules to respond to court rulings. 

Is the statute innocuous, merely a new tool to make agencies more nimble and able to react more quickly to state and federal court rulings? Or is it something more, a way to bypass the usual rules about rules, provided there's a real or perceived "emergency?"

Here's how we responded when asked what we thought: 


(We wish we could take credit for that pithy line, but it's a paraphrase from the Burt Lancaster/Tony Curtis classic noir Sweet Smell of Success.)

And that's what this statute looks like to us -- maybe harmless (as some in the story opined), but also potentially not.

Two immediate questions. First, how will the agencies themselves view their new powers? After all, when an agency is granted powers to act in an emergency, it is natural that pretty soon everything starts looking like an "emergency." Second, how will the courts react to agencies reacting that way? The Hawaii Supreme Court has not exactly been overly receptive to executive and legislative efforts to react nimbly to court rulings. So we shall see, we suppose.


July 26, 2018: Act 56: Murky Law Could Give Governor Broad New Powers


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii