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Aug. 2007 - Days before the brand new Hawaii
Superferry was set to launch its inter-island service, a state Supreme
Court judge has granted environmentalists the object of their lawsuit - an
environmental impact assessment.
The court decided that the state Department of Transporation must conduct
an environmental assessment of improvements at Kahului Harbor on Maui that
were done to allow the Superferry to dock there. The ruling reverses the
July 2005 judgment of a lower court that no such assessment was necessary.
The three plaintiff environmental groups from Maui are now seeking an
injunction to stop the Superferry until the environmental assessment is
completed, a process that could take six months to a year.
The Superferry was set to start service next Tuesday, but management says
now that it will move up the date of first sailing to Sunday and open with
a special $5 fare for voyages between the islands of Maui and Oahu and
Kauai and Oahu through September 5. Customers who have already purchased
tickets for travel between August 28 - September 5, will be refunded and
offered the special fare.
"Hawaii Superferry is ready to go!" said Hawaii Superferry President and
CEO John Garibaldi.
But Isaac Hall, the Maui attorney for the environmental groups that sued
the Superferry, said he will file for an injunction Monday morning to stop
the ferry service and said the company's move to launch service Sunday
"shows they are acting in bad faith."
"Just because they start one day doesn't mean they get to defeat the
purpose of an environmental statute," he said.
Hall argues that the ferry will travel through marine sanctuaries with
endangered species such as humpback whales and an assessment should cover
potential harms to the whales. It should also cover the possible spread of
invasive plan species from one island to another, and the issue of
increasing traffic congestion, he said.
The company says it has already done everything that needs to be done to
launch the service. "For more than three years, Hawaii Superferry has met
all the requirements of the state Department of Transportation, including
provisions pertaining to environmental review. The company complied with,
and in many instances, exceeded Hawaii and Federal environmental
regulations," the company said in a statement Thursday.
"The same careful attention to regulatory compliance and overall
responsiveness has been applied to the protection of whales, safety and
security issues, community and harbor users, prevention of the spread of
invasive species, and traffic management," the company said, noting the
complaints of the environmental groups.
A bill in the state Legislature that would have mandated an environmental
assessment passed the Senate but failed in the House on the grounds that
it was unfair to make the Superferry do an assessment when other
interisland carriers did not have to do the same.
The Superferry can carry more than 850 people and 250 vehicles, although
management expects an average load to be about half those numbers. Find
out more at: http://www.hawaiisuperferry.com/
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