Some Kaua‘i state lawmakers say they oppose a special legislative session to save Hawaii Superferry should the courts bar the inter-island catamaran from operating during the state Transportation Department’s environmental assessment. Superferry officials have said the company, which has invested
Some Kaua‘i state lawmakers say they oppose a special legislative session to save Hawaii Superferry should the courts bar the inter-island catamaran from operating during the state Transportation Department’s environmental assessment.
Superferry officials have said the company, which has invested $300 million and hired 300 employees, will go out of business unless it can resume service soon.
Protesters on the Garden Island and a lawsuit on Maui have forced the 350-foot “Alakai” to remain docked in Honolulu since Aug. 28, two days after starting service.
Gov. Linda Lingle said last week that she is considering calling a special session to address the Superferry situation and met earlier this week with the state Attorney General and top-ranking lawmakers to discuss the possibility.
“No correction to the law is necessary,” state Rep. Mina Morita, D-14th District (Kaua‘i), said. “If we do go into special session, it will be to exempt the Superferry from the law.”
The Hawai‘i Supreme Court on Aug. 23 unanimously ruled the state Transportation Department wrongly exempted the Superferry from an environmental assessment two years ago.
The high court determined that an environmental review was triggered when the state approved $40 million in taxpayer-funded harbor improvements on public lands. When triggered, Hawai‘i Revised Code Chapter 343 states an environmental assessment must be conducted prior to the proposed project going forward.
“Barring being presented with a compelling case to the contrary, I do not support holding such a special session and believe all parties should wait until the Maui and Kaua‘i courts have made a determination and decision, and then honor that outcome,” state Sen. Gary Hooser, D-Kaua‘i, said. “Holding a special session of the Legislature to promote and benefit the interests of one specific business would set a bad precedent, and open the door to the requests of other business interests who may also believe they are entitled to so-called ‘legislative relief.’”
Superferry officials did not respond to requests for comment on the potential for lawmakers to resolve the issue in a special session.
After a private meeting between Lingle, state Senate President Colleen Hanabusa and state House Speaker Calvin Say, “All three have agreed not to publicly discuss a special session at this time because it’s too preliminary,” Russell Pang, spokesman for the governor’s office, said yesterday.
“There is an understanding among the three that the Superferry should be allowed to succeed (operate in Hawai‘i) and we just need to find a way to do that,” he said.
Pang noted the governor’s remarks on the implications of an unfavorable decision in Maui or Kaua‘i courtrooms.
“If the court on Maui rules that the Superferry could not operate while an EA is being prepared, that ruling would be an important factor in deciding whether or not to have a special session,” he said.
A lawsuit on Maui brought by three environmental groups is in its second week of hearings and resumes tomorrow.
A Kaua‘i circuit judge will hear arguments on a similar case starting Friday.
Local attorneys Dan Hempey and Greg Meyers, representing 1,000 Friends of Kaua‘i, have filed for a preliminary injunction that would block the Alakai from Nawiliwili Harbor during the state environmental review. The assessment will take several months or possibly much longer if the review finds need to do a more comprehensive environmental impact statement.
Environmentalists contend the Superferry will endanger marine life, spread invasive species and expose local communities to urban problems. Superferry officials have said their voluntary policies will mitigate these possibilities.
“We are in this situation today because the established process governing these issues was not properly followed,” Hooser said. “In my opinion, we cannot ‘make things right’ by continuing to attempt to circumvent the established and legal process that is already in place. The public interest is served when laws are followed.”
It takes two-thirds of the Senate and two-thirds of the House to call a special session, or the governor may order it.
“If there’s anything that needs to be corrected, which is something that I’ve been trying to fix for years, it’s that sometimes there’s an inherent conflict when the proposing agency is also the accepting and approving agency,” Morita said.
In this situation, the Transportation Department is the same agency that decides if an environmental assessment is necessary, conducts the review and then approves it, the representative said.
Morita said the law could be improved by having a neutral third party, such as the Office of Environmental Policy Control, oversee everything.
“But that office is under-staffed and under-funded,” she said. “It’s ironic for Hawai‘i because our environment is our economy.”
The representative chairs the House Energy and Environmental Protection Committee.
Lingle said Superferry service from O‘ahu to Kaua‘i will resume Sept. 26 under heightened security and on a temporary daytime schedule.
The governor plans to open dialogue with Kaua‘i community members at 6 p.m. Thursday at the War Memorial Convention Hall in Lihu‘e. She will be joined by county, state and federal officials.
• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com.
