A Kaua‘i concerned citizens group recently enlisted the help of a local law firm to block the Hawaii Superferry from Nawiliwili Harbor until the state assesses the inter-island vessel’s environmental impact. Meanwhile yesterday, the Hawai‘i Supreme Court released a 104-page
A Kaua‘i concerned citizens group recently enlisted the help of a local law firm to block the Hawaii Superferry from Nawiliwili Harbor until the state assesses the inter-island vessel’s environmental impact.
Meanwhile yesterday, the Hawai‘i Supreme Court released a 104-page opinion on its Aug. 23 ruling and the U.S. Coast Guard continued to work on a plan to provide safe passage after protesters on Monday thwarted the 350-foot catamaran’s second trip to Kaua‘i.
Attorney Dan Hempey said he plans next week to file for a temporary restraining order on behalf of the People for the Preservation of Kaua‘i.
“We were hired (Thursday) to explore what could be done to ensure state environmental laws are applied equally on Kaua‘i,” he said. “We are very busy researching right now.”
The Second Circuit Court on Maui granted three environmental groups’ request for a similar restraining order, in effect until Sept. 6, that bars the “Alakai” from Kahului Harbor but does not apply to Kaua‘i.
Under pressure from Gov. Linda Lingle, Hawaii Superferry has agreed to halt service from O‘ahu to Kaua‘i until Sept. 5, company spokeswoman Lori Abe said.
Mayor Bryan Baptiste issued a statement on the situation yesterday. “We have been in communication with state and federal officials to address the Hawaii Superferry operations,” Baptiste states, “While it is a complex issue, the safety of our citizens is of utmost importance. We ask for civility from all parties and look towards resolving this issue amicably.
The Supreme Court ruled last week that the Hawai‘i Department of Transportation wrongly exempted the Superferry from a state environmental assessment. The ruling overturned the Second Circuit Court’s decision to dismiss the case brought forth by the Sierra Club, Maui Tomorrow and Kahului Harbor Coalition.
“‘All parties involved and society as a whole’ would have benefited had the public been allowed to participate in the review process of the Superferry project, as was envisioned by the legislature when it enacted the Hawai‘i Environmental Protection Act,” the Supreme Court judges say in their opinion on the decision.
The Hawai‘i Environmental Procedure Act requires “government to give systematic consideration to the environmental, social and economic consequences of proposed development projects prior to allowing construction to begin. The law also assures the public the right to participate in planning projects that may affect their community,” a state guidebook on the law says.
“The exemption was erroneously granted as DOT considered only the physical improvements to Kahului harbor in isolation and did not consider the secondary impacts on the environment that may result from the use of the Hawaii Superferry in conjunction with the harbor improvements,” the Supreme Court opinion states.
Superferry officials contend their voluntary environmental policies will mitigate concerns related to the Alakai’s potential to endanger marine mammals, create traffic jams and spread invasive species.
The U.S. Coast Guard, Hawaii Superferry, state and county officials “at the highest of levels” are discussing a plan to ensure safe passage for the “Alakai” into Nawiliwili Harbor, U.S. Coast Guard spokesman Michael De Nyse said yesterday.
“We’re stuck between two icebergs,” he said. “We have a responsibility to help commerce go through, but our job is also to protect the safety of the people.”
The Kaua‘i Police Department acting police chief and his assistant chief for the patrol services bureau met with the officials to work on the safety plan Thursday on O‘ahu, Kaua‘i County spokeswoman Mary Daubert said.
De Nyse said there is “no timetable” for when the safety plan will be completed.
Backed by hundreds of protesters lining a narrow jetty road, more than 60 surfers, kayakers, canoe paddlers, swimmers and boogie boarders formed a human blockade Monday evening in Nawiliwili Harbor that prevented the Alakai from docking despite law enforcement authorities’ efforts.
“We won a battle, but the war isn’t over yet,” People for the Preservation of Kaua‘i spokesman Rich Hoeppner said. “Hopefully, we can get an injunction. Right now, it’s a waiting game to see what the Superferry does.”
Hui-R, a coalition of community members who helped organize the protests Sunday and Monday, released an open letter to Superferry officials on its Web site at hui-r.info.
“The truth about the Kaua‘i protests is that the courageous actions of a few were made with the deep support of many,” the letter states. “We demand a democratic process, in which public input from Kaua‘i residents is included in the evaluation of your ferry operation’s environmental, cultural and social impacts.”
People for the Preservation of Kaua‘i is hosting a community picnic from 1 to 5 p.m. Sunday at Nawiliwili Park to thank everyone on the island for their support, he added.
Superferry officials did not return calls for comment yesterday.
“Democracy can prevail over money, but it’s important the people of Kaua‘i remain vigilant,” Hempey said.
To read the entire Supreme Court’s opinion, visit www.courts.state.hi.us.
