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	<title>Comments on: Hydro Good or Bad?</title>
	<link>http://great-hikes.com/blog/hydro-good-or-bad-2/</link>
	<description>Living and hiking on the island of Kauai</description>
	<pubDate>Tue, 06 Jan 2009 13:03:11 +0000</pubDate>
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		<title>by: Mark</title>
		<link>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-3</link>
		<pubDate>Fri, 25 Feb 2005 11:30:02 -0500</pubDate>
		<guid>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-3</guid>
					<description>Technically speaking, how are concerns from members of the public taken into account? It sounds like the process is open enough that you could legitimately get involved if you understand it. But will the process bring people from the area into the discussion before permission is granted?</description>
		<content:encoded><![CDATA[	<p>Technically speaking, how are concerns from members of the public taken into account? It sounds like the process is open enough that you could legitimately get involved if you understand it. But will the process bring people from the area into the discussion before permission is granted?
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		<title>by: Administrator</title>
		<link>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-4</link>
		<pubDate>Mon, 28 Feb 2005 08:51:26 -0500</pubDate>
		<guid>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-4</guid>
					<description>I'm not sure yet how this process really works. As far as I can tell, agencies, competing companies and public groups and individuals are now free to comment on the application. The government agencies tell the company all the regulation that apply to their proposed project, companies get to state their case for fair competition I imagine, and the public gets to voice anything it wants to about the proposal. What is unclear is how public comment is taken into account. Among the regulations or in the rest of the process before permits are granted, there may be some form of further public input. For example, companies are often required to hold public meetings to present the project and answer questions. I do not know 

The big question is: can public opposition stop a project and how? I'm not a lawyer, but it seems logical to me that it cannot stop it directly, because if the owners comply with all regulations and don't break any laws, it seems they should be allowed to do it. It's a case of Anglo-Saxon law heritage that an action doesn't have to be allowed by law (as in Napoleanic code I believe), it suffices to not be disallowed. We as citizens do not vote on every action taken by the government's bureaucracy, we elect representatives to make the laws that say how the bureaucracy should take action.

What ends up happening is that citizens and groups of citizens who oppose something apply pressure and force the bureaucracy to apply regulations. The typical case is suing the owners/applicants in order to force them to comply with environmental regulations that are so often ignored. After that, I believe citizens can still mobilize and apply the pressure of public opinion, which is what I'm trying to do here. The more people who know about this ill-proposed dam, the more I think will voice opinions locally against it. After that, I hope that the applicants are sensitive to local concerns and are willing to work with the community for the benefit of everyone.

After looking at some of the material on the FERC site, I realized I could still submit a formal comment to this dam application. So I rewrote my opinions and observations from the original post and submitted them as comment on the proposal by an individual. They were accepted and can now be seen &lt;a href=&quot;http://elibrary.ferc.gov/idmws/search/eSave.asp?dt=All&amp;cat=submittal,%20issuance&amp;dkt=P%2D12534&amp;ft=fulltext&amp;dsc=description&quot;
&gt;here&lt;/a&gt;. I also included 3 digital photographs showing the beautiful Wailua Falls and River in their current pristine state. I hope that by &quot;putting a face&quot; on the areas at risk, I can show what is really at stake and sensitize the bureaucrats and the applicants to the  value that residents like myself place on our remaining unspoiled environment.</description>
		<content:encoded><![CDATA[	<p>I&#8217;m not sure yet how this process really works. As far as I can tell, agencies, competing companies and public groups and individuals are now free to comment on the application. The government agencies tell the company all the regulation that apply to their proposed project, companies get to state their case for fair competition I imagine, and the public gets to voice anything it wants to about the proposal. What is unclear is how public comment is taken into account. Among the regulations or in the rest of the process before permits are granted, there may be some form of further public input. For example, companies are often required to hold public meetings to present the project and answer questions. I do not know </p>
	<p>The big question is: can public opposition stop a project and how? I&#8217;m not a lawyer, but it seems logical to me that it cannot stop it directly, because if the owners comply with all regulations and don&#8217;t break any laws, it seems they should be allowed to do it. It&#8217;s a case of Anglo-Saxon law heritage that an action doesn&#8217;t have to be allowed by law (as in Napoleanic code I believe), it suffices to not be disallowed. We as citizens do not vote on every action taken by the government&#8217;s bureaucracy, we elect representatives to make the laws that say how the bureaucracy should take action.</p>
	<p>What ends up happening is that citizens and groups of citizens who oppose something apply pressure and force the bureaucracy to apply regulations. The typical case is suing the owners/applicants in order to force them to comply with environmental regulations that are so often ignored. After that, I believe citizens can still mobilize and apply the pressure of public opinion, which is what I&#8217;m trying to do here. The more people who know about this ill-proposed dam, the more I think will voice opinions locally against it. After that, I hope that the applicants are sensitive to local concerns and are willing to work with the community for the benefit of everyone.</p>
	<p>After looking at some of the material on the FERC site, I realized I could still submit a formal comment to this dam application. So I rewrote my opinions and observations from the original post and submitted them as comment on the proposal by an individual. They were accepted and can now be seen <a href="http://elibrary.ferc.gov/idmws/search/eSave.asp?dt=All&#038;cat=submittal,%20issuance&#038;dkt=P%2D12534&#038;ft=fulltext&#038;dsc=description"
>here</a>. I also included 3 digital photographs showing the beautiful Wailua Falls and River in their current pristine state. I hope that by &#8220;putting a face&#8221; on the areas at risk, I can show what is really at stake and sensitize the bureaucrats and the applicants to the  value that residents like myself place on our remaining unspoiled environment.
</p>
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		<title>by: Mark</title>
		<link>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-5</link>
		<pubDate>Mon, 28 Feb 2005 20:21:58 -0500</pubDate>
		<guid>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-5</guid>
					<description>It's unfortunate that the FERC system has done something odd to the JPEGs. I cannot view them when I download them from their site.We can only hope that your caveats come up in a public discussion about the project. Maybe some sort of compromise can be reached. Maybe the folks preparing the initial plans simply were thinking abstractly about ease of extracting power from the falling water and didn't stop to think yet about the impact on the beauty of the land. Heck, we fail to notice or at least manage to misunderstand requirements fairly often. I wouldn't be suprised if the same happened in other engineering projects.</description>
		<content:encoded><![CDATA[	<p>It&#8217;s unfortunate that the FERC system has done something odd to the JPEGs. I cannot view them when I download them from their site.We can only hope that your caveats come up in a public discussion about the project. Maybe some sort of compromise can be reached. Maybe the folks preparing the initial plans simply were thinking abstractly about ease of extracting power from the falling water and didn&#8217;t stop to think yet about the impact on the beauty of the land. Heck, we fail to notice or at least manage to misunderstand requirements fairly often. I wouldn&#8217;t be suprised if the same happened in other engineering projects.
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		<title>by: Andy</title>
		<link>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-6</link>
		<pubDate>Wed, 16 Mar 2005 17:04:14 -0500</pubDate>
		<guid>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-6</guid>
					<description>The photo links in my accepted comments on the FERC website are now working. You can see them &lt;a href=&quot;http://elibrary.ferc.gov/idmws/search/eSave.asp?dt=All&amp;amp;cat=submittal,%20issuance&amp;amp;dkt=P%2D12534&amp;amp;ft=fulltext&amp;amp;dsc=description&quot; rel=&quot;nofollow&quot;&gt;in this list&lt;/a&gt;.</description>
		<content:encoded><![CDATA[	<p>The photo links in my accepted comments on the FERC website are now working. You can see them <a href="http://elibrary.ferc.gov/idmws/search/eSave.asp?dt=All&amp;cat=submittal,%20issuance&amp;dkt=P%2D12534&amp;ft=fulltext&amp;dsc=description" rel="nofollow">in this list</a>.
</p>
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		<title>by: Deborah</title>
		<link>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-16</link>
		<pubDate>Sun, 04 Sep 2005 19:45:53 -0400</pubDate>
		<guid>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-16</guid>
					<description>If you've not already, you should connect with Ken Stokes, author of &quot;Tending the Garden Island.&quot;  I'm glad to see people like you making your home on the island.</description>
		<content:encoded><![CDATA[	<p>If you&#8217;ve not already, you should connect with Ken Stokes, author of &#8220;Tending the Garden Island.&#8221;  I&#8217;m glad to see people like you making your home on the island.
</p>
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		<title>by: Andy</title>
		<link>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-20</link>
		<pubDate>Mon, 05 Sep 2005 21:58:33 -0400</pubDate>
		<guid>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-20</guid>
					<description>Thanks. I found &lt;a href='http://www.kauaian.net/tending/' rel=&quot;nofollow&quot;&gt;“Tending the Garden Island”&lt;/a&gt; on the web, I'll definitely look into it.</description>
		<content:encoded><![CDATA[	<p>Thanks. I found <a href='http://www.kauaian.net/tending/' rel="nofollow">“Tending the Garden Island”</a> on the web, I&#8217;ll definitely look into it.
</p>
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		<title>by: A Kauai Blog  &raquo; Blog Archive   &raquo; Up the Wailua River</title>
		<link>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-27</link>
		<pubDate>Tue, 27 Sep 2005 22:17:53 -0400</pubDate>
		<guid>http://great-hikes.com/blog/hydro-good-or-bad-2/#comment-27</guid>
					<description>[...]  inholdings in the state park, incidentally where the powerhouse is being proposed for the Wailua Falls Hydroelectic Project that I argued against previously. You can see the distance we paddled on the m [...]</description>
		<content:encoded><![CDATA[	<p>[&#8230;]  inholdings in the state park, incidentally where the powerhouse is being proposed for the Wailua Falls Hydroelectic Project that I argued against previously. You can see the distance we paddled on the m [&#8230;]
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