No Ferry To Maui

A Maui judge has issued a temporary restraining order against the Superferry's use of Kahului Harbor until a court hearing can be held within 10 days.
Judge Joseph Cardoza says the Superferry can no longer use Pier 2 at the harbor but that the ferry's operators are required to return customers who already took the ship on its first two days of operation to their "home" port. After which, Hawaii Superferry must "immediately cease operations at Kahului Harbor," said Cardoza's order issued this afternoon.

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http://starbulletin.com/breaking/breaking.php?id=6153

Although it may seem strange that the tro is only with respect to Pier 2, my understanding of the legal battle is that there was never anything close to a requirement for an environmental assessment or environmental impact statement for the ferry proper (just as a new cruise ship or a new airline doesn't have to file EIS). What the legal wrangle is about is the expansion of the Kahului harbor.

The real situation is that many people simply don't want people from Oahu invading the outer islands, and various legal tools are being used to fight that.

http://the.honoluluadvertiser.com/article/2007/Aug/27/br/br9841357260.html is a well written article explaining the legal situation.

Wow... figures.

Is it any wonder Hawaii is considered one of the most business "unfriendly" states in the U.S.?

And what's the big deal about 250 cars being released onto the largest highway in Kahului? How many cars do they think get released after school gets out? They are not all going the same way, so you get an extra 100 cars going North and South and a few heading into Kahului... within a few minutes it's all absorbed - especially if the schedule is at 9:30 am - It's a great time to release extra traffic into the area - School is in session, most of the morning work traffic is finishing up ... all it does is extend rush hour an extra half hour or so....

The entire Kauai situation is ridiculous - That island complains that they can't recover from hurricane Iniki (back in 93') yet every time anything that could bring tourism back for them happens a bunch of folks protest and shut down the new operation -

kidspot:

And what's the big deal about 250 cars being released onto the largest highway in Kahului?

The entire Kauai situation is ridiculous - That island complains that they can't recover from hurricane Iniki (back in 93') yet every time anything that could bring tourism back for them happens a bunch of folks protest and shut down the new operation -

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It's gotten more ridiculous.

Sunday's ferry was delayed about 90 minutes at Kauai by protestors. Monday night's ferry wasn't able to enter the harbor at Kauai, and returned to Honolulu without ever dropping off or picking up passengers. A bunch of kayakers, surfers, and swimmers wouldn't get out of the way, even with the Coast Guard out there trying to clear the channel. And then today, the Coast Guard requested that the ferry suspend operations because "contrary to previous assurances, it can no longer guarantee a safe passage for the Alakai and its passengers into and out of Nawiliwili Harbor on Kauai." So operations of the ferry are being held hostage by 65 surfers and kayakers.

The legal front is bordering on ridiculous also. Circuit judge Cardoza dismissed the lawsuit by Sierra Club against HI Dept of Transport and the Superferry back in July 2005. Another circuit judge dismissed a 2nd lawsuit seeking an EIS later in Fall 2005. Less than a week before the schedule start of operation, the HI Supreme Court finally gets around to the appeal of the dismissal, and not only rejects the dismissal but directs the lower court to enter a summary judgement without the case being heard.

The judiciary is also ignoring that the requirement for the ferry to file an EIS was reviewed by the legislature, with the bill requiring it failing in the senate and never making it out of committee in the house.

Meanwhile, another Maui judge, has ruled that the ferry can only release 2 cars per minute onto public highways. He has decided that he knows more about traffic flow than do the state highway engineers.

Lots of judicial activism. Lots of potential claims against the state.

What a goatrope.

Look, I love Hawaii but everything is a big crapshoot here.

And Gov. Lingle was on the news saying the ferry cannot stop fast enough not to hit surfers or people in the water. (duh)

Should that boat be in areas where paddlers are? This is going to force giving up some recreation water, I am telling you.

..and did you see those people banging on people's cars?

Lots of judicial activism. Lots of potential claims against the state.

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Oh..and that ferry crowd has that already in the works, I am sure. The taxpayers will be footing the bill for all this chaos, mark my words. It is so predictable here, it is factored into all business plans this large.--which is unfortunate.

Here is today's lead Maui News Story for those that like to read more. There are many more in all the Island papers the last two days; each island has it's own slant.

Many outer Islanders have been requesting from the beginning that the legally required Environmental Assesment be done. IIRC, the size of the Federally Insured loans &/or grants required an EA by Federal Law and similarly probably with regard to State Harbor Improvements an EA is required by State Law.

One of the reasons the State Supreme Court had to make the ruling a summary judgement is because the lower court cases never addressed the legality of not doing the EA, just sticky red tape issues with regard to filling suit. The Superferry people knew of the laws requiring EA. They asked Gov. Lingle to give them an exemption, even though she does not have that athority.

Another reason is that HSF has always pushed ahead as fast as possible, including pushing up the start date by 2 days after the Supreme Court decision on Thursday. From my perspective, it's a wonder the Supreme got off their duff in time; they are usually much slower (too late).

Local newspaper headlines speak of "Good ol' Boy""Cronyism" as being the real reason this project has made it this far. Unless the EA decides there will be no signifigant impact, an EIS must be completed before operation. The State will now appeal trying to allow ferry operation during the EA and if neccessary the EIS.

None of this would be happening if HSF had done the EA before moving ahead, which is what all upstanding corporations would have done.

Has any one said what the cost for the EA would be?


They have been making donations to the ocean conservation NPO's for awhile now.

The real cost is what happens if this precedent is applied to other equivalent cases.

Basically, the HI Supreme court said spending state money on public works requires an EA not only for the project, but also for the users of that project. That's what's unique --- never before did the user of the harbor (barges, cruise ships, etc.) have to do an EA or EIS on their operation because of harbor improvements.

For example, if Kahului airport were to add some gates, then the airlines that leased those gates would have to do an EA on their entire operation --- how much more car traffic onto Dairy Road to pickup and drop off passengers, etc.

I suspect that the HI Supreme Court will come to regret their hasty decision.

They mentioned that on the news this evening - the impact on ALL other transportation services that have any government improvement money involved - talk about a slippery slope ...

So...the barges will be bringing everyone's cars back...now that would be annoying. Cause the pier is soooooo fun.