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Judge: Superferry Ruling Coming Tuesday

Ruling To Decide If Superferry Can Operate During Study

POSTED: 12:02 pm HST October 8, 2007
UPDATED: 8:37 am HST October 9, 2007

A Maui judge said he will rule Tuesday morning on whether the Hawaii Superferry can resume service while an environmental study is conducted.

Maui Circuit Judge Joseph Cardoza ended four weeks of testimony by 29 witnesses Friday. The two sides completed closing arguments on Monday.

There was speculation that the ruling could come down on Monday. However, Cardoza said at the end of closing statements that he will make his decision known at 10 a.m. on Tuesday.


Maui Judge To Decide Superferry's Fate
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Hawaii Superferry officials testified that the interisland catamaran would have to leave Hawaii if it cannot operate while an environmental assessment is performed.

Attorney Isaac Hall said the law clearly states the assessment must be done before the ferry can start service. Hall represents three groups that have been pushing for the environmental study.

The ferry has sat in Honolulu Harbor since late August after the Hawaii Supreme Court ruled the state shouldn't have exempted it from an environmental study required by law.

The potential for lethal collisions between the 40-knot, twin-hulled ferry and the endangered humpback whales dominated the hearings. The attorney for the environmentalists said ferry officials were more worried about regulators at the National Oceanic and Atmospheric Administration, which regulates marine activity, than whales.

"They choose the path of denial and circumvention," Hall said.

The ferry's plan is to stay away from whales areas as much as possible and slow down when they cannot.

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