Hawaii Superferry May be Toast

The Hawaii state Supreme Court on Monday rejected a state law that allowed the Hawaii Superferry to operate while an environmental study is being conducted.Ruling the law was unconstitutional, the court sent the case back to Circuit Court, leaving the fate of the Superferry’s service between Honolulu and Maui in question.

Superferry officials, when contacted, had no immediate comment on the decision.

In light of the high court’s decision throwing out the law, the Superferry must stop operation until the study is completed, said Isaac Hall, an attorney representing three groups that challenged the Superferry in court.If the ferry service continues to operate, Hall said, the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition would seek a court order to stop it.

Gov. Linda Lingle said it would be “devastating for the Superferry to stop its operation.”

Attorney General Mark Bennett said the administration is not considering an appeal to the U.S. Supreme Court because there is no federal issue, but the court could be asked to reconsider its decision. The state had exempted the Superferry from environmental review in 2005.

But the Supreme Court later ruled that an environmental study was needed before the vessel could operate. That prompted the Legislature to convened in special session in 2007 and pass a law, known as “Act 2,” enabling the Superferry to run while an environmental assessment was drafted.

“Obviously we are hugely disappointed with the Supreme Court’s decision that Act 2 is unconstitutional," Hawaii Superferry said in a statement released this evening.

"We have operated on a regular, reliable and responsible basis for the past 11 months. During this time over 250,000 people have booked travel on Alakai and it has provided new economic opportunities for Hawaii’s businesses," the statement continued.

I'm sure those who have been enjoying the Superferry are disappointed but I'm glad the court found the Governor's ramrod policies to force the Superferry through as unconstitutional. Perhaps this is the end or perhaps another delay while environmental assessment is completed.