Hawaii Superferry to sail again

WAILUKU, Hawaii — A state judge has cleared the way for the Hawaii Superferry to start sailing again before an environmental study is completed.

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Maui Judge Joseph Cardoza cited a new state law, passed in a recent emergency legislative session, in his decision Wednesday. He reversed is injunction against operation of the state's first interisland car and passenger service. The high-speed ferry links Honolulu with Maui, Kauai and eventually the Big Island and it sailed only a few times before being halted by legal rulings and citizen protests.

Cardoza rejected all arguments by environmental opponents that the action would violate the state constitution or cause environmental harm that requires court intervention. "The obligation of a court is to follow the laws enacted by the Legislature," Cardoza said.

The decision brought a subdued response in the packed courtroom, with laid-off ferry employees hugging each other only after the final gavel.

Superferry CEO John Garibaldi said outside the courtroom the ferry service likely would resume in about two weeks with an announcement in a few days on when 250 furloughed employees would be rehired. Its schedule calls for daily voyages between Honolulu and Maui and a six-times-weekly run linking Honolulu and Kauai.

"It's a new beginning for us," Garibaldi said, thanking residents for their support and vowing to help protect the environment.

The first of two 350-foot catamarans has been sitting idle in Honolulu Harbor for weeks while Superferry lawyers, the Legislature, Gov. Linda Lingle and the courts struggled with environmental objections to the $300 million service.

Cardoza said he was compelled by the new law to dismiss the case, but added, "Whether that represents good or bad legislative policy is not for this court to determine."

State Attorney General Mark Bennett told the judge he was bound by the new law signed by Lingle this month allowing the ferry to run while an environmental study is being completed.

An attorney for environmental groups suing the ferry, Isaac Hall, cited overwhelming testimony in hearings last month that whales in a protective marine sanctuary along the ferry route are in dire danger from the high-speed vessels. He said he was considering whether to appeal.

"We're not just going to stand here and let invasive species be spread and our whales be killed," he said. "People from all walks of life know this is wrong."

Greg Kaufman of the Maui Pacific Whale Foundation warned: "It's not a matter of if the Hawaii Superferry will hit whales, but when."

Lingle, a strong ferry supporter, said she would work to ensure that the boat's impact on the environment is minimized.

"Judge Cardoza recognized that the Legislature and our administration worked cooperatively, within the boundaries of our state constitution, to pass a law that preserves an important interisland transportation alternative for the people of Hawaii," she said.

At least one legal obstacle to smooth ferry runs remains. Another Maui judge has put traffic restrictions on the ferry that Superferry officials say would unduly delay unloading of cars. Garibaldi said that issue would be dealt with when it comes up again in court next week.

In court, Bennett argued in defense of the legislative action.

"These are exactly the kind of policy decisions that are left to the Legislature and not to judges," he said. "Changing a statute in response to a court decision is not the exception. In fact, it's quite common."

Hall, who represents three environmental groups that sued the Superferry in 2005, had asked Cardoza to keep the Superferry out of ocean waters because the new law was tailored for a single special interest instead of the greater good. "The undisputed testimony in this court was that it's going to kill whales," Hall said.

Hall told the judge people will also get hurt if he rules in the Superferry's favor.

"There will probably be some people who feel the only way to see justice done will be in the water," Hall said. Protesters in Kauai's harbor stopped the ferry from docking on its last run in late August.

He also attacked Bennett for trying to claim that the new law was not passed specifically for the Superferry, saying the attorney general must think "we're the village idiot."

Bennett rejected the notion that the court should worry about potential future protests before making its decision.

"To come before this court and say ... people are going to violate the law and people are going to get hurt is simply an outrage," Bennett said.