Environment

"Even Mr. Carlisle, who promises to 'put our financial house in order' admits this is not fiscally responsible.  Despite this, he wants to build a mega rail system--even bigger than the one currently planned.

"It is our belief that Hawaii’s political class is purposely waiting until after the elections, at which time it will announce a 'November surprise' of massive tax increases to pay for rail, sewers, and pay increases."

In the second edition of opinions by Hawaii Supreme Court Chief Justice appointee Mark E. Recktenwald (currently serving as an Associate Justice on the court), we review the opinions he authored during his tenure on the Intermediate Court of Appeals where Justice Recktenwald served as Chief Judge from April 30, 2007 until he moved to the Hawaii Supreme Court in May 2009.

TRENTON — New Jersey was not the only state to make an error on its application for the Race to the Top competition. Hawaii omitted a response to an entire section of the application it wrote for the competition’s first round, a mistake that cost it 25 points....

Hawaii politicos have spent a lifetime snagging federal dollars and then doing what they please, so it is illogical and unreasonable to assume that RTTT will be any different. 

The HSTA’s worthless signature was a key to the DoE’s RTTT application being ranked third in the nation, how will they undo it?

While a poll released today by the Honolulu Star-Advertiser shows Duke Aiona leading among Independents and Hawaiians in the race for Governor, it is geared toward 70 percent of an electorate preparing for a contentious Democratic primary election.

Of the 604 likely voters polled, 425 said they were planning to vote in the Democratic primary.

“While today’s news is promising, it is just the beginning. The road to success in the public school system is long, but with the kind of resolve that the State of Hawaii has displayed, it is not one that is impossible.”

“We outlined an ambitious vision and long-overdue public education reform goals for our state, which included assisting struggling schools, improving school performance from kindergarten to college, and ensuring that all of our students are equipped and prepared to enter both college and the working environment.

“This is an historic opportunity, and we must continue to work together to implement the reforms necessary to cultivate a brighter future for our young people.”

"...the United States has more Muslim blood on its hands than al Qaida has on its hands of innocent non Muslims...."

In response to the Star-Advertiser/Hawaii News Now poll released today (Sunday), the Hannemann campaign has released the results of a recent poll conducted by QMark Research that shows the race for governor in a statistical dead heat between the two leading Democratic candidates.

The QMark poll shows that if the race was held today it would be 43% for Abercrombie to 41% for Hannemann, a difference of two percentage points, with 16% of the voters still undecided.

I like Panos Prevedouros: his energy and enthusiasm; outside-politics base and perspective; and fresh thinking and independence. We need him and many others like him to seek and serve in elective office. In this election, though, he and Carlisle are the change candidates against a status quo Caldwell; I don't want that vote to be split at the risk of Caldwell prevailing. As well, as a cautious mass transit supporter, I don't believe rail should be effectively scuttled on this vote. So for me Prevedouros is a yes, but not this one.

Washington- In another attempt to distract from their record of runaway spending and economic failure, House Democrats have handed down new marching orders to Democratic candidate Colleen Hanabusa. Their latest strategy to gloss over their job-killing agenda is to instruct loyal followers like Hanabusa and her Washington friends to highlight the party’s so-called small business agenda. Likely missing from the latest directive, however, is any mention that Washington Democrats are pushing forward with a plan to slam small businesses with massive tax hikes that are certain to kill jobs, prevent businesses from hiring, and set the already-struggling economy back even more.

"Now, Ed has written a thoughtful and courageous letter to his supporters about why he is endorsing Neil Abercrombie over Mufi Hannemann in the Democratic primary. Ed is candid in describing Mufi as "the product and clear choice of a political machine that must end" and "the most dangerous politician in a generation."

"I would like to personally extend my thanks and appreciation to Ed for his remarks about my candidacy. Ed Case and I differ on a variety of issues, but we want to serve the people of Hawai`i with honesty and integrity to the best of our experience and abilities."

...I've known and worked with Hannemann for the same period, and once saw him as a leader for Hawai‘i today and tomorrow. But, as I've watched him in public office, I've come to view him as the most dangerous politician in a generation, because his talents mask an agenda which, if successful, will set Hawai‘i back a generation. He is the product and clear choice of a political machine that must end....

House Republicans this weekend continued to blame Democrats for a lethargic economy, charging that last year's stimulus bill has hobbled the country with debt while failing to prevent the job losses that supporters promised.

"For every problem facing our nation, the answer from Washington has been to spend and spend, and – if that doesn’t work – spend some more," Rep. Charles Djou (R-Hawaii), said Saturday, delivering the Republicans' weekly radio address.

Wall Street Journal, New York Times, Voice of America, AP, Bloomberg, Politico...they're all talking about Charles Djou's speech.  And the local media?  Oh, that's right, they're busy doing point-by-point color commentary on the trash-talking Democrats who want to be Governor.

Rep. Djou: “Even if the powers-that-be in Washington do not support less government and less spending, they should at least provide those of us who do with a chance to give the American people the common-sense fiscal discipline they are demanding.”

"The poll numbers referenced by Mr. Carlisle in the Midweek story do not exist.  The Hawaii Republican Party has not conducted nor shared poll numbers with the Carlisle campaign and the public needs to know that the numbers he is referring could just be made up."

Peter Carlisle is not a member of the Hawaii Republican Party.  The only Hawaii Republican Party member in the race for Honolulu Mayor is Panos Prevedouros. 

Congressman Djou meeting with the Hawaii Restaurant Association

“For too long, the State of Hawaii has had to bear a disproportionate burden in providing social services for Micronesian citizens who are legally allowed to travel to the United States without visas. While Micronesian citizens comprise less than 1% of Hawaii’s population, they consume over 20% of Hawaii’s social services. This burden is simply unfair to the taxpayers of Hawaii...."

The Hawaii Family Forum | Hawaii Catholic Conference surveyed candidates running for the US Congressional districts, Governor and Lt. Governor, House and Senate and the Board of Education.  These are their answers ...

He will propose legislation to place time limits on the issuance of permits and approvals that will increase efficiency and effectiveness in state government. If a permit or approval is not issued within the allotted time period, the application will be automatically granted.

He will post online all updated permitting and approval guidelines and procedures, create an online tracking system, put all state permits and leases online in a searchable database and subject all tax credits and public grants to public quarterly reporting.

The three names submitted by the Democratic Party to fill the vacant Senate District 22 (Mililani Mauka, Wahiawa, Hale‘iwa, Mokule‘ia, North Shore) seat are:  Laura Figueira, John Kampfer and Lei Learmont.

The three names submitted by the Democratic Party to fill the vacant Senate District 7 (Kaua‘i and Ni‘ihau) seat are: Ronald Kouchi, Barbara Robeson and Sandra Wright.

Complete grade-by-grade results for math and reading in all DoE schools.  Some schools have grades in which ZERO students exceed expectations.

Since taking office the Obama administration has used the Troubled Asset Relief Program (TARP) and other initiatives to buy one car company, give another to union allies, punish non-union workers, undermine the bankruptcy code, enrich Wall Street at the expense of Main Street, bail out Mickey Mouse, keep unionized zombie firms from dying and generally terrorize the world economy. That is why, for the first time ever in 2010, the United States fell from the ranks of the economically "free," as measured by The Heritage Foundation's Index of Economic Freedom.

Standing out in the ratings are the “Dirty Dozen,” which include states that have not addressed the crime of human trafficking at all (Hawaii, Massachusetts, South Dakota, West Virginia, and Wyoming). The remaining states (Alaska, Arkansas, Colorado, Ohio, South Carolina, Oregon, and Virginia) criminalize only sex trafficking or labor trafficking but not both, only include human trafficking as a mere sentencing enhancement, or have laws that are too weak or so narrowly drafted that investigations and prosecutions of human trafficking cannot proceed. Conversely, states that have taken the most action to combat human trafficking in a comprehensive way include Connecticut, Minnesota, Texas, and Washington, among others.

Editor’s Note: In other words, if Mufi Hannemann is the Democrats’ nominee for Governor, he will become the next Dan Inouye and  Hawaii will be under his thumb for the next 20-30 years.  Without a Hannemann victory, there is no Democrat ready to become the next Inouye and Hawaii will become a two-party democracy.

FACT: Since Senator Inouye took control of Government Spending as Chairman of the Appropriations Committee in 2007, the Federal Debt has grown 50% and the Federal Deficit has grown 900%!

FACT: Twice in the past year, Senator Inouye voted to increase the Debt Ceiling by a total of $2.1 TRILLION.

FACT: Senator Inouye has voted AGAINST a balanced budget amendment four times.

Regardless of whether one agrees with the result, structurally sound opinions always confront binding legal precedent. Walker's is a clear exception because the U.S. Supreme Court has spoken on whether a state's refusal to authorize same-sex marriage violates the equal protection and due process clauses of the 14th Amendment. In 1972, Baker v. Nelson, a case over whether Minnesota violated the Constitution by issuing marriage licenses only to opposite-sex couples, was unanimously thrown out on the merits, for lack of a substantial federal question. The Supreme Court's action establishes a binding precedent in favor of Proposition 8. But Judge Walker's ruling doesn't mention Baker, much less attempt to distinguish it or accept its findings.

I am the child of immigrants, a citizen by birth, and at age 39 I proudly placed my hand on the Bible and swore to protect our Constitution as a member of the U.S. Congress. My story is not unique. For more than 200 years our ancestors abandoned their homes and risked their lives to come here, work hard, and provide a better life for their families. The opportunity to do so is part of what makes our country the greatest on Earth.

I understand that our immigration system is broken and share the frustration of so many Americans with our porous borders. America needs comprehensive immigration reform; it is critical to our nation's future. But it is simply unrealistic to believe that we can fix the problem by amending the Constitution.

Here is the Gay-Athiest Lobby campaign target list. 

It took 15 months, but the Advertiser has finally slipped up and mentioned the possibility that the scheduling of Hawaii Islam Day had something to do with celebrating Islam on September 11.  Even better, Volcanic Ash columnist David Shapiro August 11 ruefully admits:

“state Rep. Lyla Berg is still taking grief in her campaign for lieutenant governor for a resolution she sponsored declaring last September 24 as Islam Day.”

If confirmed by the results of the September 18 Democratic Primary, this will be good news.  It is also a teachable moment. 

Justice Recktenwald has served on the Hawaii Supreme Court since May 11, 2009. Prior to that he served as Chief Judge of the Intermediate Court of Appeal from April 30, 2007 until his confirmation to the Hawaii Supreme Court.

The following is a brief run down of the cases Justice Recktenwald authored during his time on the Hawaii Supreme Court ....

In County of Hawaii v. Ala Loop Homeowners, (July 9, 2010), the Hawaii Supreme Court held that certain state zoning laws are "environmental" laws that may be enforced by private plaintiffs. The court held "[w]e further conclude that article XI, section 9 of the Hawai'i Constitution creates a private right of action to enforce chapter 205 in the circumstances of this case."

Companies including AIG, Lehman Brothers, Wachovia, JP Morgan, Morgan Stanley, Union Bank, Wells Fargo and others essentially buy tax benefits from solar (and wind) companies that don’t have enough taxable income to use those credits on their own. Tax-equity investors get to use those tax credits as part of a strategy to shelter otherwise taxable income. (Sounds just like Hawaii ACT 215/221)

In both of his prior confirmation proceedings, Recktenwald was unanimously confirmed by the State Senate (25-0 for chief appellate judge and 22-0 for associate justice).

Prior to his appointment to the Intermediate Court of Appeals, Recktenwald served as the director of the Department of Commerce and Consumer Affairs (2003-2007).  During his tenure, he focused on expanding protections against identity theft and enforcing Hawai‘i’s consumer protection laws, including guarding against unfair and deceptive trade and business practices, and insurance and securities fraud.  He also worked to make the department’s services more convenient for the public by expanding and enhancing on-line services.

“My responsibility is first and foremost to represent the people of Hawaii and that is absolutely what I have been doing. I think what you saw in the special election is that the majority of the people didn’t vote against me. The overwhelming majority of the voters voted against the establishment. They didn’t like the status quo and felt that the current representation in Congress needs a fundamental change. That’s what I’ve been doing, and that’s who I’m representing. I look forward to the judgment of the voters again in November.”

After months of tortured evasions, Mufi Hannemann July 16 finally came out of the closet and announced that if he were Governor, he "guesses" he would "probably" have vetoed HB444 gay civil unions.

For just a moment, it appeared as if Hannemann had sort of taken a position--after refusals dating back to September, 2009.  But in yesterday’s Democrat Gubernatorial debate, Hannemann again reverted to his old waffly ways refusing to take any firm stance for or against HB444. 

This Bill will have the dubious distinction of being the first ever to lower SNAP benefits from one period to the following period. For the first time ever, SNAP recipients will see their monthly benefits shrink. A family of four can expect their benefits to drop about $59 a month starting in April 2014. ($59 x 12 = $708/yr)

Today the House of Representatives is expected to approve yet another bailout for those states that have proved incapable of controlling their spending on government worker pay, benefits and pensions. The $26.1 billion price tag will be funded in part by $11 billion in tax hikes on U.S. companies that compete internationally.

"The HGEA Union Bosses have made it clear that a prerequisite for their endorsement is a commitment from candidates to raise the GET tax in order to pay them off.  Hannemann, Schatz and Caldwell need to come clean with Hawaii voters and tell them how big of an increase they promised so we know just how much more in taxes we can expect to pay if they get elected."

"... in order to pay for this latest $26 billion bailout of states, the Democrat-controlled Congress cut almost $12 billion from the Supplemental Nutrition Assistance Program (formerly known as food stamps), at a time when a record number of Americans – including almost 141,300 Hawai‘i residents – depend on this assistance to subsidize their food purchases.

“In addition, Congress rescinded $2.2 billion in unobligated highway funds, including an estimated $10 million that would have been used for Hawai‘i highway projects. 

With unemployment at 9.5 percent and the national debt at an all-time high, the last thing middle-class families need is more of the Democrats’ reckless spending agenda. Instead of calling Congress back into session to create private-sector jobs, House Democrats have once again dismissed an opportunity to rein in runaway government spending and provide the fiscal discipline needed to create jobs.

(08/10/10) HONOLULU – A comprehensive settlement has been reached with the City and County of Honolulu that will address Clean Water Act compliance at Honolulu’s wastewater collection and treatment systems, the Justice Department, U.S. Environmental Protection Agency (EPA), Hawaii Attorney General’s Office, Hawaii Department of Health, and three environmental groups announced today.

The settlement which also resolves lawsuits brought by the Sierra Club, Hawaii’s Thousand Friends and Our Children’s Earth Foundation, includes a comprehensive compliance schedule for the city to upgrade its wastewater collection system by June 2020. Under the settlement, the Honouliuli wastewater treatment plant will need to be upgraded to secondary treatment by 2024. The Sand Island plant will need to be upgraded by 2035, but could be extended to 2038 based on a showing of economic hardship.

“The problem in Congress today is that it seems that the universal answer to every one of our nation’s problems is spend, spend, and—if that doesn’t work—spend some more. And this particular bill that we’re voting on today fits exactly in that genre—‘Spending can fix all of our nation’s woes.’

Editor's Note: For decades, Hawaii Democrats have based their power on their ability to get federal pork from DC.  Charles Djou is directly challenging the desirability of their pork.  This vote is probably the most direct challenge in decades to Hawaii Democrats' basic strategy.  Will it be a winning issue for Djou?  Election Day is Nov 2.

U.S. District Judge Vaughn R. Walker, who ruled last week that a voter-approved amendment to California’s constitution that limited marriage to the union of one man and one woman violated the Fourteenth Amendment of the U.S. Constitution, based that ruling in part on his finding that a child does not need and has no right to a mother.

Nor, he found, does a child have a need or a right to a father.

According to the study, 186 special funds spread across twenty different departments hold an estimated $1,412,357,203 in unspent revenues over and above their operational requirements. Some of the special funds were tagged by the auditor almost a decade ago for repeal.

Here are a few words from the individual most responsible for invention of Furlough Fridays.  How much money will be put up to promote the status quo and promulgate these arguments for continuing the structure which makes the waste, fraud, and corruption in the DoE possible?  Will the HSTA spend $100K in NEA money to oppose an appointed BoE just as they did in opposition to local school boards?  We will soon find out.

“I was honored to attend the mobilization ceremony today (Sunday Aug 8, 2010) for the 305^th MPAD/9^th MSC. It was a particularly special honor to be with a number of soldiers from the 1101^st GSU, my former unit in the Army Reserve, who will be deploying to Iraq with the 305^th."