Groups appeal ruling that let Superferry sail again
Advertiser Staff
WAILUKU, Maui — Three groups yesterday filed an appeal of a Nov. 14 court ruling upholding a new law that allowed Hawaii Superferry to operate while an environmental review is undertaken.
After a nearly three-year court battle, the Maui Tomorrow Foundation, the Sierra Club and the Kahului Harbor Coalition won an injunction in October from Maui Circuit Judge Joseph Cardoza halting the new interisland ferry service.
Cardoza issued the injunction after ruling the state's environmental protection law requires an environmental assessment before a project can proceed.
The Legislature and Gov. Linda Lingle immediately moved to approve a law, known as Act 2, exempting "large capacity ferry vessels" from the requirement. The law allowed Hawaii Superferry to resume service between Honolulu and Maui on Dec. 13.
The company's 350-foot, high-speed catamaran has been in drydock for maintenance and repairs since Feb. 13 and is expected to return to service March 25.
"Once Hawaii Superferry is out of drydock and begins to operate, the threat of actual irreparable harm to multiple endangered and protected resources returns," said Wailuku attorney Isaac Hall, representing the three groups, in a statement.
State and Superferry officials earlier said an appeal would be no surprise.
The three groups opposing the ferry are seeking donations to continue their legal challenge. They already have spent more than $100,000 on their case, although Cardoza last month ruled the state and Hawaii Superferry must pay most of that amount.
"We have been heartened and encouraged to go forward with this appeal by so many people throughout the state contacting us and offering both moral and financial support," said Irene Bowie, executive director of the Maui Tomorrow Foundation.
She said supporters include People for the Preservation of Kaua'i, 1000 Friends of Kaua'i, Surfrider Kaua'i and Sierra Club-Kaua'i Group.
For more information, visit www.MauiTomorrow.org. Donations may be sent to Maui Tomorrow Foundation's SF Legal Fund, P.O. Box 299, Makawao, HI 96768.
