Maui judge: Superferry can't operate during environment study

Hawaii Superferry officials have said they would have to leave the state if they're not allowed to operate while the environmental review is carried out.

San Diego Union-Tribune
Tuesday, October 9, 2007
By Mark Niesse, Associated Press
WAILUKU, Hawaii – A Maui judge said Tuesday he won't allow Hawaii Superferry to sail between Honolulu and Kahului while the state studies the environmental impact of the interisland ferry service.

The move threatens the survival of the state's first passenger and vehicle ferry service, which managed to sail to Maui and Kauai from Honolulu only once before legal challenges and protesters forced it to run aground.

Hawaii Superferry officials have said they would have to leave the state if they're not allowed to operate while the environmental review is carried out.

But Maui Circuit Judge Joseph Cardoza said state law requires that an environmental study be conducted beforehand.

“The purpose of the law is to protect the environment, not to protect economic interests,” Cardoza said.

Hawaii Superferry attorneys told the judge they would appeal.

Gov. Linda Lingle has said she plans on calling a special session of the Legislature to find a way to keep the Superferry in the state.

But lawmakers haven't said what kind of law they might pass to help the ferry that would also comply with recent court rulings on the environmental study.

John Garibaldi, company president, wouldn't comment on the ferry's immediate future.

“Obviously, Hawaii Superferry is very disappointed,” Garibaldi said after the ruling. “I'm disappointed for the 300 employees of Hawaii Superferry. They've shown a tremendous amount of support during the entire process.”

Greg Kaufman, who testified the high-speed boat might harm humpback whales, said endangered species need be protected to the fullest extent of the law.

“It's a sad day for taxpayers,” said Kaufman, who is president of the Pacific Whale Foundation on Maui. “Because of this attempt to circumvent environmental law, here we are.”

Cardoza ruled after listening to four weeks of testimony.

The Hawaii Supreme Court stalled the Superferry in August when it ruled that state transportation officials shouldn't have exempted the giant catamaran from an environmental assessment required for projects that use state money.

The state is spending $40 million on ramps and barges needed to load vehicles on and off the ship.

Hawaii Superferry made one trip to Maui and Kauai in late August until Cardoza on Maui and protesters on Kauai disrupted service.

Cardoza issued a temporary restraining order barring Superferry from using Kahului Harbor while he considered whether the service could go ahead even as the environmental review was being conducted.

A Kauai judge shot down a legal challenge from residents of that island, but protesters on kayaks in Nawiliwili Harbor prevented the ferry from docking there.

Superferry opponents argued against the Superferry resuming service before the environmental review was completed.

The judge said both the environment and business interests are important and that all parties need to understand that laws are meant to protect the good of the whole.

“We need to remember that we are all tied together in this process whether we realize it or not, whether we like it or not,” Cardoza said.