Judge Rules that Superferry Operations are Suspended at Kahului Harbor while Environmental Assessment is Prepared

If you haven’t already heard, Second Circuit Court Judge, the Honorable Joseph Cardoza, partially granted the Sierra Club’s motion for injunction.

According to the clerk’s minutes, the court ruled that pursuant to HRS § 343-5, case law requires the court to prevent implementation of the project until the environmental assessment is completed. Therefore, the court issued an injunction preventing use of Kahului Harbor and improvements pending the preparation of an environmental assessment, and it deemed the operating agreement between the Superferry and DOT void.

Attorney for the Superferry, Lisa Munger, made an oral motion for a stay of the injunction pending appeal, which was denied. Deputy Attorney General William Wynhoff, representing the state in the case, made an oral motion for interlocutory appeal, which was denied without prejudice.

The Honolulu Advertiser reports that the legislature is amenable to entering into a special session to adopt a special law (contra, "general law"). Under Article III of the Hawaii Constitution, the legislature may call a special session themselves with a vote of two-thirds of each house or the governor may convene a special session.