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  #1  
Old March 16th, 2009, 09:53 PM
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Default Hawaii Superferry - Chapter 9

I can't believe this! From Pacific Business News :

"The Hawaii Supreme Court ruled Monday that the law produced by a special legislative session in 2007 that allowed the Hawaii Superferry to operate while an environmental impact statement was conducted is unconstitutional.
The ruling could require Hawaii Superferry to suspend its Oahu-Maui service, and possibly force it out of business.
The high court ruled in favor of the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition..."




WELL, THANK YOU VERY MUCH, SIERRA CLUB!! What'll happen now?
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  #2  
Old March 16th, 2009, 10:37 PM
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Default Re: Superferry Loses in Court - Hawaii Loses Overall

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Originally Posted by turtlegirl View Post
What'll happen now?
Happen now? The SuperFerry will need to fall into line with everyone else's requirement to do enviromment studies BEFORE they start business. Meanwhile, it is the Hawaii taxpayers that will take a hit, due to the funding that the state has put into the project, and the probably lawsuit that the SuperFerry will put against the state for "suckering" it into starting business here by assuring it was ok to do so. IMHO, that is my prediction.
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  #3  
Old March 16th, 2009, 11:08 PM
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Default Re: Superferry Loses in Court - Hawaii Loses Overall

The new ruling did not specifically ban the Superferry from operating, so the Sierra Club et al would have to file for an injunction.
I expect that the state and the Superferry will file an appeal all the way up to the U.S. Supreme Court, which could take years. In the meantime, the final version of the Environmental Impact Statement is due this June, and once that's in and approved the ruling today will be a moot point.
I doubt that the Superferry is going to stop operating tomorrow, or anytime soon.
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Old March 16th, 2009, 11:47 PM
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Default Re: Superferry Loses in Court - Hawaii Loses Overall

Kind of bizzare if you ask me. Right now if no one did anything the SuperFerry would have stop operations in May of this year.
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  #5  
Old March 17th, 2009, 12:36 AM
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Exclamation Re: Superferry Loses in Court - Hawaii Loses Overall

Breaking news at this link:

Superferry to cease operations due to court ruling

The Hawaii Superferry said it will cease operations on Thursday following a ruling today by the Hawaii Supreme Court that went against the inter-island ferry service.
The Hawaii Supreme Court ruled this morning that a state law allowing Hawaii Superferry to operate without a complete environmental impact statement is unconstitutional.
Superferry said in a statement late today that "Obviously we are hugely disappointed with the Supreme Court's decision that Act 2 is unconstitutional. 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.
"While the appeal is not yet final because a judgment on appeal has not been
entered, we want to proceed prudently and have decided to cease operations
for the present.
"Our first priority is to take care of our customers, both those who have
recently traveled and need to return to either Oahu or Maui and those who
have future bookings. We will make one additional round trip to get vehicles back to their homes this Thursday."
The company said it is in the process of calling all customers with near term bookings.
Customers may also call 1-877-443-3779 or 1-808-853-4007 for immediate
service.
(...)

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  #6  
Old March 17th, 2009, 12:40 AM
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Default Re: Superferry Loses in Court - Hawaii Loses Overall

KFVE 6:30 news just reported that Hawaii Superferry will shut down after Thursday.

I have absolutely no respect for any environmental wackos and opponents of the Hawaii Superferry. They have done a great disservice to the traveling public by taking away a viable, affordable and new travel option between the islands.

This once again sends out a message that Hawaii is a very hostile place to do business. If anyone from any large firm wants to launch a private passenger sea transportation option, do it anywhere else except in Hawaii. The environmental wackos want to crucify you. No one or no firm has deep pockets to keep any business afloat forever in this kind of hostile business climate.
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Old March 17th, 2009, 12:46 AM
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Thumbs down Re: Superferry Loses in Court - Hawaii Loses Overall

AAAAAAAAAAARRRRRRRRRRRRGGGGGGGGGGHHHHHHHHHHHHHHHHH !!!!!!!!!!!!
NNNNNNNNNNOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!!!

I just bought 2 roundtrip tickets for Spring Break TODAY!!! Literally! At 12:30 this afternoon I was sooo happy!! Aaarghhh!! Noooo!! Now I might have to cancel my Maui vacation!!!! Could't they have waited til after spring break!!???!
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  #8  
Old March 17th, 2009, 01:24 AM
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Default Re: Superferry Loses in Court - Hawaii Loses Overall

Quote:
Originally Posted by mel View Post
I have absolutely no respect for any environmental wackos and opponents of the Hawaii Superferry. They have done a great disservice to the traveling public by taking away a viable, affordable and new travel option between the islands.
I guess I'm going to have to offer the discordant voice in this thread by placing the blame for this fiasco, not on the environmentalists (everybody's favorite scapegoat), but on Gov. Lingle's administration. Remember, they were the ones who bypassed the normal environmental review process in order to fast-track the Superferry. It was acting upon the shoddy recommendation of her legal advisors that the governor has got the Superferry and the state into this huge mess.

I thought that Lingle Dingle's failure to attend the Governor's meeting w/Pres. Obama to discuss the stimulus was a bad gaffe, but a shutdown of the ferry would definitely mark a new low for her.
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  #9  
Old March 17th, 2009, 09:33 AM
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Default Re: Superferry Loses in Court - Hawaii Loses Overall

Quote:
Originally Posted by mel View Post
I have absolutely no respect for any environmental wackos and opponents of the Hawaii Superferry. They have done a great disservice to the traveling public by taking away a viable, affordable and new travel option between the islands.
My impression of a few hours with Jeff Mikulina is that he's anything but a whacko. And I think he's forgotten more about responsible ethical behavior than John Lehman ever learned.

I don't think Sierra Club has ever targeted the SuperFerry directly as much as they've been concerned about the government's subversion of the environmental impact statement process.

Imagine if the EIS was a "nice to have as long as it doesn't hold up doin' bidness". Imagine if Castle & Cooke had a handshake agreement with the political & bureaucratic agencies to begin building Koa Ridge by Waipio Costco before finishing an EIS. Imagine if the Army decided to hold unrestricted live fire exercises in Makua whenever they deemed it necessary. Imagine if the Navy restricted portions of the waters around Maui & Lanai to build a shallow-water weapons range to test VLF sonar tactics and torpedo settings. Imagine if Tesoro wanted to build a refinery on cheap land near Pokai Bay, or Grace Pacific decided to expand their quarry operations into Makakilo & Kunia. Imagine if the city decided to open a new landfill out by Kaneohe, or to start building the elevated rail system with private investor money.

Imagine if Kipapa Gulch landowners decided to start up their own construction-equipment rental & repair business, along with the noise and the HAZMAT dumping. Oh, wait, they already did that.

Seems kinda short-term thinking to throw the EIS system under a bus so that we can have cheap transportation on a neighbor island. I'm glad that the Supreme Court had the cojones to slap down the other branches of our alleged "government".
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  #10  
Old March 17th, 2009, 03:03 PM
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Default Re: Superferry Loses in Court - Hawaii Loses Overall

Quote:
Originally Posted by mel View Post
KFVE 6:30 news just reported that Hawaii Superferry will shut down after Thursday.

I have absolutely no respect for any environmental wackos and opponents of the Hawaii Superferry. They have done a great disservice to the traveling public by taking away a viable, affordable and new travel option between the islands.

This once again sends out a message that Hawaii is a very hostile place to do business. If anyone from any large firm wants to launch a private passenger sea transportation option, do it anywhere else except in Hawaii. The environmental wackos want to crucify you. No one or no firm has deep pockets to keep any business afloat forever in this kind of hostile business climate.
Aww c'mon Mel, I have respect for you. For the record I was one of the enviros working on this issue from the very get go, back before Gov. Lingle made the illegal exemptions. I personally like the concept of the Superferry and wanted them to succeed. What I didn't like was the fact that they wanted to flout our laws, and believe me HEPA was put in for very good reasons. I didn't like the fact that they tried to (and sometimes succeeded in) bribe our public officials with campaign contributions to get their way. Superferry shot itself in the foot. If they had just done the EIS like every other business is required to do with projects of this magnitude this situation simply would not have happened. The enviros (tho probably not the Native Haw'n groups) were for the most part neutral to favorable regarding the Superferry up until they basically told us "We don't CARE what your law says, our MONEY says more."
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