Ferry opponents appeal Nov. decision

Say lawmakers' action was 'special legislation'

The Maui News
March 1, 2008

WAILUKU - Hawaii Superferry opponents filed an appeal Friday of a court decision that has allowed the 350-foot ferry to operate while the state prepares an environmental assessment of ferry-related Kahului Harbor improvements.

At issue now is whether Act 2 is unconstitutional. During a special session last year, the Legislature passed the act allowing "large-capacity vessels," such as the ferry, to operate an interisland service pending the completion of an environmental review.

The Maui Tomorrow Foundation, the Sierra Club and the Kahului Harbor Coalition have successfully argued in court that an environmental assessment is required for the ferry. Now the ferry opponents contend that Act 2 unconstitutionally circumvents Hawaii's environmental law and is aimed at helping a single business.

"It was special legislation, and we felt it was not a correct interpretation of Hawaii's environmental law," said Irene Bowie, executive director of Maui Tomorrow.

On Nov. 14, 2nd Circuit Judge Joseph Cardoza ruled that the new law supersedes Hawaii Revised Statute 343, which plaintiffs had relied on in stopping Hawaii Superferry before an environmental review had been completed.

Before the Legislature took action, Cardoza had said that an environmental assessment was required under the state's environmental law. But the judge changed his ruling - allowing Hawaii Superferry to operate - after the Legislature amended the law.

Although Hawaii Superferry resumed daily Oahu-Maui trips on Dec. 13, its service has been irregular because of rough seas and damage to both the ferry and its docking barge in Kahului Harbor.

Because of damage to an auxiliary rudder, Hawaii Superferry's Alakai has been in drydock for weeks and is not expected to return to service until March 25.

"Once Hawaii Superferry is out of drydock and begins to operate, the threat of actual irreparable harm to multiple endangered and protected resources returns," said plaintiff attorney Isaac Hall.

Hawaii Superferry officials could not be reached for comment after normal business hours Friday.

Meanwhile, the state is proceeding with the preparation of an environmental review of Hawaii Superferry operations, scheduling a series of meetings across the state. Maui County sessions will be held on:

* Molokai – 6 p.m. March 11 at Kaunakakai Elementary School.
* Maui – 2 and 6 p.m. March 17 in the Baldwin High School auditorium.
* Lanai – 6 p.m. March 31 at Lanai High and Elementary School.

The meetings will include information about the environmental review process, including a schedule, resources and issues being evaluated. There also will be an opportunity for the public to provide input. Each meeting will last three hours.

For information on the meetings, call Lesley Matsumoto with consultant Belt Collins Hawaii Ltd. at (808) 521-5361.

In early 2004, the state Department of Transportation issued a waiver from environmental review for $40 million in state harbor improvements required for Hawaii Superferry operations. In August last year, the Hawaii Supreme Court ruled that an environmental assessment was required and the waiver was invalid - just days before the ferry was to begin its interisland operations.

While the company initiated service on Aug. 26, the Maui service was shut down by a court order Aug. 27, and attempts to run to Nawiliwili Harbor on Kauai ran into protesters on land and in the water who effectively blocked the Alakai from entering the harbor.

Foes fight ferry's environmental OK

The Honolulu Star-Bulletin
Saturday, March 1, 2008
By Gary T. Kubota

WAILUKU » Some groups on Maui are challenging a Maui Circuit Court decision to allow the Hawaii Superferry to operate without first completing an environmental study.

Maui Tomorrow, the Sierra Club and the Kahului Harbor Coalition said Circuit Judge Joseph Cardoza made the wrong decision when he lifted an injunction against the Superferry on Nov. 14.

Cardoza determined that the state Legislature, in passing Act 2 in special session last fall, exempted the Hawaii Superferry from the requirement of completing an environmental study before starting operation.

Earlier last year the Hawaii Supreme Court ruled that an environmental study was required for the Superferry under state law and upheld an appeal by the groups, but the Hawaii Legislature passed Act 2 to change that law.

Maui Tomorrow Executive Director Irene Bowie said that the appeal filed yesterday with the Hawaii Intermediate Court of Appeals challenges the constitutionality of Act 2, which exempted "large-capacity ferry vessels."

Bowie said state legislators overstepped their authority in trying to help the Superferry and that they intruded into the powers of the Judiciary.

Maui Tomorrow attorney Isaac Hall said the Superferry, which is undergoing repairs in dry dock, continues to pose a "threat of actual irreparable harm to multiple endangered and protected resources."

Bowie said financial support for the appeal has come not only from Maui, but also statewide, including Kauai, where groups have protested the environmental exemptions given to the Superferry.

"We have been heartened and encouraged to go forward with this appeal by so many people throughout the state contacting us and offering both moral and financial support," Bowie said.

Superferry officials were unavailable for comment.