Hawaii Superferry Continued Environmental Assessment

Hawaii Superferry Continued Environmental Assessment



October 2007

 A Maui judge today ruled that 
the brand new the $85 million Hawaii Superferry cannot operate while the 
state prepares an environmental assessment. 
The state waived an environmental assessment back in 2005 at the request 
of the Superferry management, who feared that their funding might 
evaporate if they had to wait for a study of changes made to Kahului 
Harbor on Maui to accommodate the big catamaran. 
The U.S. Department of Transportation's Maritime Administration approved 
$140 million in loan guarantees for the Superferry in January 2005 on the 
condition that the state give all governmental and environmental 
clearances, including confirmation that there was no need for an 
environment assessment. 
Maui Circuit Judge Joseph Cardoza's decision will keep the Superferry tied 
up in Honolulu while the required environmental work is completed, which 
could take at least a few months and as long as a year. 
Superferry president and CEO John Garibaldi said, "Obviously, we are 
disappointed. While the ruling is a loss for Hawaii Superferry and our 
employees, it is a greater loss for the state of Hawaii." 
Garibaldi said the company has been absorbing weekly costs of $650,000 and 
cannot afford to keep its 350-foot, high-speed ferry sitting idle while 
the state conducts the assessment. He has said that the Superferry might 
be pulled out of the state if it was not allowed to operate. 
State legislators and Governor Linda Lingle said today that a special 
session of the Legislature to address the Superferry issue is likely now 
in view of the judge's ruling. 
In his ruling, Judge Cardoza also determined that the Hawaii Department of 
Transportation's 22 year operating agreement with the Superferry is 
invalid. That could mean that the vessel cannot use port facilities in the 
state. 
At the end of August, just days before the Superferry was set to launch 
its inter-island service, a state Supreme Court judge granted 
environmentalists their wish - an environmental impact assessment. The 
ruling reversed the July 2005 judgment of a lower court that no such 
assessment was necessary. 
In response to the argument the Superferry is no different from barges, 
cruise ships or airplanes that do not have to conduct environmental 
assessments before being permitted, Judge Cardoza said the ferry is a new 
technology and a new chapter in transportation in Hawaii. 
The decision capped a month-long hearing on a request to halt ferry 
service brought by the Sierra Club, Maui Tomorrow and the Kahului Harbor 
Coalition. 
Increased traffic around ports, the potential spread of invasive species 
and collisions with humpback whales top the groups' list of concerns, in 
addition to the fear that increasing numbers of visitors to the outer 
islands will change their laid-back, relaxed lifestyle. Some also fear the 
rip-off of natural resources by an increasing stream of visitors. 
The Superferry has operated for only two days in August. Dozens of 
protesters swam and rode surfboards into its path and prevented the big 
catamaran from docking at Nawiliwili Harbor on Kauai. 
Although the U.S. Coast Guard established a designated protest area to 
allow the Superferry to enter the harbor, management decided to postpone 
Kauai trips. 
In federal court last week, attorney Lanny Sinkin from Hawaii Island lost 
a challenge to the Coast Guard's security zone on the grounds that it 
prohibits free speech. Sinkin has appealed that ruling to the Ninth 
Circuit Court of Appeals. 
Hawaii Superferry and the state have not said whether they will appeal 
Judge Cardoza's ruling to the Intermediate Court of Appeals. 
The state Transportation Department last week selected the firm Belt 
Collins to conduct a $1 million environmental assessment of Superferry 
operations. 

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