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 >here. I also included 3 digital photographs showing the beautiful Wailua Falls and River in their current pristine state. I hope that by “putting a face” 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.