Yesterday Hawaii Superferry cut through some of the legal red tape preventing it from sailing to Maui when Circuit Judge Joseph Cardoza lifted an injunction in place since Oct. 9. The court order was one of the last obstacles facing
Yesterday Hawaii Superferry cut through some of the legal red tape preventing it from sailing to Maui when Circuit Judge Joseph Cardoza lifted an injunction in place since Oct. 9. The court order was one of the last obstacles facing the ferry in its state-backed push to resume interisland service.
Prior to the injunction, a temporary restraining order had halted ferry travel to Maui since Aug. 27. It wasn’t until Gov. Linda Lingle signed a bill into law two weeks ago allowing the company to operate without an environmental review that the state filed a motion to remove the injunction.
Yesterday afternoon Cardoza cited that law, passed in an emergency legislative session, in reversing his injunction. Cardoza rejected all arguments by environmental opponents that the action would violate the state constitution and harm the environment.
Cardoza said he was compelled by the new law to dismiss the case, but added, “Whether that represents good or bad legislative policy is not for this court to determine.”
State Attorney General Mark Bennett told the judge he was bound by the law signed by Lingle to allow the ferry to run while an environmental study is being completed.
Hawaii Superferry President and CEO John Garibaldi expressed his satisfaction with the outcome in a prepared statement.
“We are pleased with the judge’s decision today. We are grateful for the support shown by the governor, Legislature, and residents of Hawai‘i and look forward to commencing service soon,” he said.
Garibaldi noted that plans to start up again will be announced “as soon as it is confirmed.”
Lingle, a Superferry proponent who propelled the special session legislation forward, was also satisfied.
“Judge Cardoza recognized that the Legislature and our administration worked cooperatively, within the boundaries of our state constitution, to pass a law that preserves an important interisland transportation alternative for the people of Hawai‘i,” Lingle said in a prepared statement. “As the interisland ferry service resumes, we will continue to work closely with environmental, cultural and agricultural organizations, the counties, the community and Hawai‘i Superferry officials to ensure specific conditions are followed to minimize the impact on Hawai‘i’s natural and cultural resources.”
An attorney for environmental groups suing the ferry, Isaac Hall, cited overwhelming testimony in hearings last month that whales in protective sanctuary along the ferry route are in dire danger. He said the calling of a legislative session to change the law, and the law itself, violated the constitution.
Cardoza said he would prepare an immediate order dismissing the case, which would then be subject to appeal. The ruling punctuates two years of legal battles relating to the ferry, beginning with a 2005 lawsuit filed by three environmental groups on Maui. Cardoza ruled in that case that the company need not complete an environmental assessment despite $40 million in state-funded harbor improvements.
A state Supreme Court ruling overturned that decision on Aug. 23, setting off a series of rapid-fire events, including an early start by Hawaii Superferry as well as protests, legal action on Kaua‘i and a special session.
The ferry has been out of operation since late August, when it was turned away from Kaua‘i. Since then, the company says it has lost millions of dollars and furloughed 249 of the 308 employees.
In October, the state Legislature worked for weeks on a bill to assuage environmental concerns yet save the company from certain death should it continue to be land-locked. It was passed Nov. 1 and subsequently signed by Lingle.
•Mark Niesse, Associated Press writer, contributed to this report.
