Save Kahului Harbor

What's Next

(After the HSF Bailout Bill)

The next hurdle that happens, now that the legislature has passed the superferry bailout law to allow the superferry to operate at the same time that an EIS is being prepared, is that the Hawaii Superferry company will go back to Maui Judge Joseph Cardoza to attempt to remove the injunction the judge placed on Superferry while the environmental review was being conducted..

There are a lot of questions in the air. The Hawaii State Supreme Court has concurrent jurisdiction over any ruling Judge Cardoza makes (in effect the Supreme Court is looking over the Judge's shoulder on this case).

Different scenarios begin to appear:
  • Judge Cardoza could rule that the new law is unconstitutional.
  • The State Supreme Court could rule that it is unconstitutional.
  • Judge Cardoza could take several weeks to get more info on this, or he could rule immediately
  • Federal issues may have to be addressed in Federal court.
The Hawaii Supreme Court decided 5-0 on August 23, 2007, and it is hoped that they will not look kindly to the governor and legislature over-ruling their decision which had been written by Supreme Court Judge Duffy, a Lingle appointee.

Let's hope we can avoid a very messy confrontation in the harbors.