Hawaii judge halts plans for wave pool that critics say is a waste of water

A judge has halted plans for an artificial wave pool until developers can revise an environmental assessment to address concerns raised by Native Hawaiians and others who say the project is unnecessary in the birthplace of surfing and a waste of water.

In granting a temporary injunction Tuesday, Hawaii Environmental Court Judge Shirley Kawamura ordered a new review of concerns including impacts on water supply and anticipated growth in the area.

A group of Native Hawaiians and other residents filed a lawsuit last year challenging the Hawaii Community Development Authority’s approval of the 19-acre Honokea Surf Village planned for west Oahu, which found that it will have no significant environmental impacts.

TRIAL UNDERWAY FOR MILITARY FAMILIES SUING US GOVERNMENT OVER TAINTED WATER AT HAWAII BASE

Opponents of the project say the wave pool, with a capacity of 7 million gallons, isn't needed less than 2 miles from the ocean and another existing wave pool.

Project backer and renowned Native Hawaiian waterman Brian Keaulana has said artificial waves are useful for competitive surfers to train on perfect breaks that are sometimes elusive in the ocean. Customizable surf, he said, can also help create ideal conditions to teach surfing and lifesaving skills.

"Our goal of creating a place that combines cultural education with skill-based recreation must be done in a way that does not harm our natural resources," he said Wednesday in a statement. "The court’s ruling allows us an opportunity to revisit the environmental concerns, especially our water resources."

The judge said in her ruling that there was "insufficient evidence for the HCDA to determine whether there is a likelihood of irrevocable commitment of natural resources and whether secondary and cumulative impacts of water use, injection, land use changes, and wildlife mitigation would likely lead to a significant impact, thereby favoring an injunction."

The current assessment is "ambiguous as to the specific manner, time frame, and actual daily water use implicated by the initial and periodic filling of the lagoon," the ruling said.

However the development authority did make sufficient assessment of potential impact on historic preservation and burials, it added. The HCDA declined to comment Wednesday on the ruling.

Developers say the project would be drawing from a private water company separate from Oahu's water utility, using a supply that was committed decades ago.

But the judge noted that they draw from the same underlying aquifer.

"Thus, additional analysis is needed to fully capture the potential cumulative impact of anticipated growth and subsequent increased competing water demand," the ruling said.

The state attorney general's office said it was reviewing the decision.

Healani Sonoda-Pale, one of the plaintiffs, called the ruling a "pono decision," using a Hawaiian word that can mean "righteous."

"Much has been made about Hawaiians being on both sides of the issue," she said. "Building a wave pool is not a cultural practice. The threat of a wave pool ... is so immense in terms of how many people it could affect."

Top Mueller prosecutor declares 'man crush' on judge overseeing NY v Trump trial

The former top prosecutor for the Mueller investigation, said on Wednesday that he deeply admires the judge overseeing former President Trump's hush money trial in New York City. 

"As you noted with respect to Judge Merchan, I mean-I am like now, you know, I have like a ‘man crush’ on him," MSNBC legal analyst Andrew Weissmann said. "He is such a great judge that it’s hard to see that the jurors wouldn’t have the same impression."

Weissman continued to lay praise on Judge Juan Merchan. 

"If you looked in a dictionary for judicial temperament, that’s what you would get, and just remember, he has had to put up with the defendant who committed 10 acts of contempt, he’s threatened not just him, but his family, and in spite of that, you would not know for a second that that is in any way weighing on him, because it is just such an impeccably fair trial," he said. 

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The jury went into deliberations on Wednesday after Merchan gave them instructions on the case. Trump is being charged by Manhattan District Attorney Alvin Bragg with 34 counts of falsifying business records in the first degree. Trump has pleaded not guilty to all counts.

Andrea Mitchell summarized on behalf of NBC News’ Laura Jarett, who was in the courtroom, that the judge has a very calm effect where he communicates "very calmly and slowly and deliberately," even when chiding the defense or prosecution.

"Right. I really wish for that reason that at least there was an audio," Weissmann said.

He later added, "One of the more striking things is hearing Judge Marchan’s voice. At a time when there’s so much distrust in our legal system being fomented by Donald Trump and others, it would be so helpful to hear that, because that was the first thing that struck me."

Weissmann served on special counsel Robert Mueller's team investigating Russian interference in the 2016 presidential election.

The investigation probed the 2016 Trump campaign over alleged collusion between the campaign and Russia, but there was insufficient evidence found by Mueller linking the two.

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