Lingle Administration Sinks To New LowsHawai`i state lawmakers had asked the Lingle administration officials last year to disclose what, if any, legal advice they received before they exempted the Superferry from environmental impact laws in February 2005.The administration would not discuss the matter, claiming attorney-client privilege.Lawmakers wanted the information to determine whether the Lingle administration considered the legal risks before issuing the exemption.The state Supreme Court ruled unanimously last August the exemption was an error, a decision that led to further court challenges and public protests that halted ferry service.Gov. Linda Lingle signed a bill passed in a special session of the state Legislature that allowed ferry service to resume while a statewide environmental review is completed.But documents released under the open-records law have shown there was significant debate within the administration about an environmental review and explicit warnings by staff of the legal and public-relations consequences of exempting the project.Rep. Marucs Oshiro, an attorney, said he does not see any justification for the administration to withhold a legal analysis of whether an exemption was warranted, or discussions about strategy related to an environmental review, because of attorney-client privilege.He said, since the decision itself has been ruled an error by the Supreme Court and is no longer the subject of any Superferry lawsuits, the only reason for the administration to withhold the documents is to avoid embarrassment.Read The Entire StoryHere
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