There's simply no way to set things right in the case of the Superferry — at this point, all options look pretty shameful. The only rational course is to move on, doing the least damage possible.

And that course would be to allow the Superferry to operate while the environmental review is being completed.

The arguments against this are obvious: This defeats the intent of the state's environmental review law, which is to identify and mitigate effects on people and resources before those impacts begin to occur. It sets an unfortunate precedent, allowing other permit seekers to request similar leeway for their proposals.

However, the alternative seems worse. The state could lose a service that rounds out its complement of transportation options, including, as was pointed out in court arguments, the assist ferries could provide the next time natural disaster strikes.

In addition, any state that issues a key permit for a project only to retract it just before the project begins seeking a return on its investment leaves itself vulnerable to a claim for damages. Employees will be thrown out of work. And it leaves a dismal impression on companies that may seek to do business here.

The gesture enabling Hawaii Superferry to salvage its business could take the form of an order from the Circuit Court, which is expected sometime next week. Ideally, the parties would craft an out-of-court settlement — which presents the least risk of inciting a further legal challenge — but that appears unlikely.

Instead, lawmakers should stand ready to step in with the fix in a special session that could be called before or after the court action. A law enabling the ferry to operate while the review is being completed, perhaps within limitations set through consultation with both sides, may be the only pragmatic plan.

And during the next regular session, revising the environmental review law to avert similar problems in the future is critical. One possible clarification would be to establish an administrative appeals process to ensure that environmental review decisions adhere to the law.

It's unconscionable to allow government to continue sending mixed signals to permit applicants: The Hokuli'a development case, predating the ferry disaster, comes to mind.

Once again, the state is left with making the best of a sorry situation, and that can't be allowed to continue.