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Lawmakers Prepare For Superferry Special Session

Official Says Maui Ruling Clouds Future For Other Islands

POSTED: 7:38 pm HST October 10, 2007
UPDATED: 7:53 pm HST October 10, 2007

State House Democrats said there appears to be support for a special session to clear the Hawaii Superferry to sail the Hawaiian Islands.

The meeting came a day after Maui Judge Joseph Cardoza ruled the Superferry must complete an environmental study before sailing to the Valley Island again.

The lawmakers walked into their meeting past a few protestors, most who were from Oahu.

Legislative leaders said they want to work out the details before going into the session.

Some lawmakers oppose the special session and allowing the Superferry to avoid completing an environmental study before resuming service.

Rep. Mina Morita of Kauai said she did not agree with the other lawmakers and said, "It sets a bad precedence."

The ruling banning Superferry from Maui may have had the unintended effect of banning it from all other islands as well.

Cardoza made it clear in his written ruling that he intended to ban the Superferry only from Maui while environmental reviews are done. However, his choice of words may have indirectly shut down all of the Superferry's chances to travel to Kauai or any other island.

The state has an operating agreement with the Superferry over its use of state harbor facilities. Judge Cardoza ruled that the agreement is void as it applied to Maui, but the State Harbors Director Michael Formby said the operating agreement is now legally clouded. Formby said he considers it voided for all islands.

"The fact that the judge on Maui voided the operating agreement as to that jurisdiction makes it very difficult for us to operate anywhere," Formby said.

That means no trips to Kauai or even the Big Island if facilities are prepared.

"I think when the judge voided that agreement the entire Superferry operation basically cannot proceed without the proper environmental review," said Isaac Moriwake of Earthjustice Legal Defense.

Superferry officials were not available. They have said in the past they had no plans to go to Kauai for the time being.

Supporters said the real hope is in legislative action.

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