WILL HAWAI`I HIGH COURT GROUND THE SUPERFERRY?

Illegal Operation Without Environmental Impact Statement Is Focus

An attorney for three Maui groups told the Hawai`i Supreme Court Thursday that a law permitting the Hawai`i Superferry to operate while an environmental impact study is conducted is unconstitutional.

Isaac Hall’s arguments came as the high court heard a legal challenge to special legislation passed by the Hawai`i Legislature in October 2007.

Hall, representing the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition, said the legislation, called Act 2, benefited only a single entity.

“Act 2 was conceived, cut and tailored for Hawai`i Superferry alone,” he said. “That’s what this [case] is about.”

SUPERFERRY FLUNKS AUDIT ON DAY OF RECKONING IN COURT

The Hawai`i State Auditor today released a report finding the Hawai`i Superferry legislation compromised the state's environmental laws and set a worrisome precedent that put the interests of a single company ahead of state responsibilities.

The auditor also found that $40 million in state harbor improvements for the Superferry project could be in question if Superferry configures both of its high-speed catamarans with on-board ramps that could used as alternatives to the state's ramps and barges.

The Hawai`i Supreme Court will hear arguments on the Superferry case this morning. At issue is whether the Superferry can continue to operate without an environmental impact statement being completed first, as well as the validity of legislation written to benefit a single company.