Please help support our legal appeal challenging the constitutionality of Maui Circuit Court Judge Cardoza's ruling allowing Hawaii Superferry to sail BEFORE an Environmental Impact Study (EIS) is complete and BEFORE needed mitigation measures are in place

In August 2007, the Hawaii State Supreme Court ruled unanimously that the state was wrong to bypass an environmental review for Hawaii Superferry as a matter of law. This decision overturned a previous ruling by the 2nd Circuit Court, and the case was referred back to Judge Cardoza for interpretation as to whether the ferry could run before the EIS was completed.

After hearing four weeks of testimony, Judge Cardoza ruled that an EIS was indeed required. He cited, as the basis for his ruling, the fact that Hawaii's environmental laws are designed to protect the environment, rather than corporations doing business in the state. In his closing remarks he stated, "There is a real possibility of irreparable damage to the environment..."

At the urging of the governor, a new state law, Act 2, was passed rapidly by the state legislature enabling vessels such as Hawaii Superferry to begin operations during an environmental review rather than completing the process prior to going into service (as required in Hawaii Revised Statute 343). This greatly increases the potential for harm to Hawaii's fragile environment.

The Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition, represented by Isaac Hall, challenged the constitutionality of the law on the grounds that it provides special treatment for one company, Hawaii Superferry. However, Judge Cardoza declined to overturn the law; he lifted the injunction preventing Hawaii Superferry from using Kahului harbor.

Maui Tomorrow wishes to appeal this ruling, but we need financial support to do so. Although Judge Cardoza indicated that it would be appropriate to award attorneys' fees to plaintiffs Hawaii Superferry will oppose even this, making it difficult for our attorney to proceed. The appeal must be filed within 30 days of Judge Cardoza's written ruling. Financial backing is needed urgently. It is crucial to protect Hawaii's fragile environment by challenging this bad decision to overturn state environmental law. Please join us in making this possible.

You can donate directly through the secure links below or you can mail a check marked 'Superferry Legal Appeal Fund' to: Maui Tomorrow Foundation, PO Box 299, Makawao, HI 96768 These donations are tax deductible and will help fund the costs of the appeal. This fundraising effort is being made statewide to show that the neighbor islands are united in our opposition to the overturning of Hawaii's environmental law. All of our islands and the waters between them are at risk. Please help.

Mahalo for your consideration,
Irene Bowie
Maui Tomorrow Executive Director