Fifth Circuit Court Judge Randal Valenciano yesterday denied a petition for a temporary restraining order to halt Hawaii Superferry service to Nawiliwili Harbor. Attorneys Dan Hempey and Greg Meyers — representing 1,000 Friends of Kaua‘i, a local environmental group —
Fifth Circuit Court Judge Randal Valenciano yesterday denied a petition for a temporary restraining order to halt Hawaii Superferry service to Nawiliwili Harbor.
Attorneys Dan Hempey and Greg Meyers — representing 1,000 Friends of Kaua‘i, a local environmental group — considered the verdict “good and bad.”
“The court didn’t throw the whole case out as the Superferry demanded, but it denied the restraining order,” Hempey said.
Lawyers for Superferry and the state Attorney General’s Office argued in front of a packed Kaua‘i courtroom Thursday that the environmentalists filed their complaint too late.
Superferry attorney Lisa Munger said the statute of limitations expired 120 days after the state Transportation Department in February 2005 exempted the Superferry from an environmental assessment of $40 million in state-funded harbor improvements to accommodate the 350-foot catamaran’s planned service from O‘ahu to Maui, Kaua‘i and Big Island.
Hempey argued that the statute of limitations clock was reset when the Hawai‘i Supreme Court on Aug. 23 ruled that the Transportation Department was wrong when it made the exemption.
“We are pleased with the decision by Judge Valenciano,” a Superferry statement released yesterday says. “… We look forward to resuming service and providing the people of Hawai‘i with a safe and reliable inter-island ferry system.”
The motion for a restraining order on Kaua‘i was filed Tuesday. The judge heard nearly three hours of arguments two days later and allowed additional time yesterday morning for attorneys from both sides to file more documents.
Valenciano’s order set a hearing at 9 a.m. Sept. 17 for the petitioner’s motion for a preliminary injunction that would prohibit the inter-island “Alakai” from operating until the state conducts its environmental assessment.
The statewide study could take several months, Transportation Department officials have said.
A similar court hearing Monday on Maui could impact whether the Alakai can continue service between Honolulu and Kahului and Nawiliwili harbors during the state’s assessment.
Kaua‘i protesters on Aug. 27 prevented the Alakai from docking at Nawiliwili Harbor during its second run to the Garden Isle in two days.
Local community groups have cited concerns about the ship’s potential to spread invasive species, worsen drug problems, endanger marine life and clog traffic — all claims Superferry officials say the company has voluntarily put policies in place to mitigate.
Superferry officials indefinitely suspended operations to Kaua‘i on Aug. 28, citing intentions to resume service when law enforcement can ensure safe passage.
A Superferry statement yesterday said: “A date for the resumption of service to and from Kaua‘i has not yet been set.”
The Coast Guard on Monday unveiled an “emergency rule” that creates a designated demonstration area at Kalapaki Beach whenever the Superferry is in port and shortly before it arrives.
The plan prevents anyone without special permission from entering the harbor beyond a line of demarcation between Kuki‘i Point and the southernmost end of Nawiliwili Park — effectively banning surfers, canoe paddlers, fishermen, yacht club members and others who routinely use the area.
A restraining order granted on Maui has barred service there. However, the Superferry plans to make a one-time trip to Maui today to pick up passengers’ vehicles stranded after a restraining order stopped operations following two successful trips.
On Wednesday, Rep. Mina Morita, a Kaua‘i legislator, filed an informal complaint against the Superferry with the state Public Utilities Commission, using the Supreme Court’s ruling as the basis.
Due to the high court’s ruling, Morita says the Superferry violated both the spirit and intent of the law when it operated from Honolulu to Nawiliwili Harbor Aug. 26 and Aug. 27 without the state first conducting an environmental assessment.
The representative asks the PUC to suspend the Superferry’s Certificate of Public Convenience and Necessity, which allows the Alakai to operate, until the environmental review is complete.
“The Certificate of Public Convenience and Necessity had key conditions that had to be met including that an environmental review was appropriately addressed,” she said yesterday. “It is clear from the Hawai‘i Supreme Court ruling that this is not the case and a condition of the permit was violated.”
The PUC chief researcher Lisa Kikuta said they are reviewing the complaint “as quickly as possible.”
“We understand the urgency of this matter,” she said, adding that the PUC will allow the Superferry an opportunity to respond.
• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com.
