WAILUKU - Hawaii Superferry will stop its trips between Maui and Oahu this week, following a Hawaii Supreme Court ruling Monday against the ferry service.
The high court threw out a state law that allowed Superferry to operate while an environmental study was being conducted. The court held that Act 2 was written to benefit a single company, and therefore violated the state constitution.
On Monday evening, Superferry released a statement announcing its plans to stop ferry service.
"Obviously we are hugely disappointed with the Supreme Court's decision that Act 2 is unconstitutional," it said. "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."
Superferry officials said they would take care of customers who have recently traveled and need to return to Oahu or Maui and those with future bookings.
"We will make one additional round trip to get vehicles back to their homes this Thursday," officials said.
Wailuku attorney Isaac Hall, who represents the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition, said he would have sought a 2nd Circuit Court order to stop the Superferry from operating if officials didn't do so voluntarily.
"We're happy with the decision," he said. "There should never be exemptions" for businesses from complying with environmental law.
Hall said the plaintiffs would be reasonable and not oppose the Superferry operating for a while to return passengers and their vehicles to their home islands.
But the ferry would "need to stop fairly quickly," he said.
In January, the state Department of Transportation released its long-awaited draft environmental impact statement on improvements needed at four harbors to support the Superferry.
Earlier this month, the state House quashed a bill that would have allowed Superferry more time for completion of the environmental review, meaning it would have needed to be done by late June.
But, on Monday, Hall said the environmental impact statement being prepared for the Superferry is flawed and doesn't meet procedural requirements in state law.
"They're going to have to start all over again. That's our position," he said.
According to Hall, procedural problems include consulting parties not being notified as part of the process, a meaningless "no-action" provision, failing to study alternatives that normally would be studied and not doing a joint state-federal environmental impact statement.
"There's a whole list of things they did not do, which they will be required to do" in preparing a legal environmental review, he said.
Before the Superferry's announcement of its decision to stop operating, Gov. Linda Lingle released a statement that 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 Hawaii Supreme Court could be asked to reconsider its decision.
Mayor Charmaine Tavares said the ruling against the Superferry was not unexpected.
"If an environmental impact statement was first done as required by laws that exist to protect our environment, then DOT and the Superferry owners would have been able to assess the impacts and take necessary steps years ago to address any concerns," she said. "Early compliance would have benefited both the environment and today's small businesses that utilize the Superferry. Having a variety of transportation options is important. It is equally important to follow laws meant to safeguard our communities."
Maui's three state senators voted against Act 2 and said Monday that their reservations were acknowledged with the high court's ruling.
State Sen. J. Kalani English, who represents East Maui, Upcountry, Molokai and Lanai, said he maintained that the law was unconstitutional because merely saying it was for a "large-capacity vessel" wasn't enough to meet the requirement for a general, not a specific, law.
"I think this does preserve the integrity of our system," he said, adding that the "checks and balances worked."
Central Maui state Sen. Shan Tsutsui said the ruling surprised him.
"Unfortunately, this thing was mishandled from the beginning, so here we are," he said, adding that calling it a "large-capacity vessel" didn't fool anyone.
"We all knew it was the Superferry bill," Tsutsui said. "We all knew the reason why we were called back into special session was to allow the Superferry to run while they were completing their EIS.
"We're going to have to try to remedy the situation," he said. "We'll look at all the options available at this point."
Tsutsui said state lawmakers would need to look at stopping state appropriations aimed at making statewide harbor improvements for the Superferry in light of the high court's ruling.
State Sen. Roz Baker said the court's ruling affirmed her vote against Act 2 in 2007.
"I hope that the EIS gets completed and other concerns and issues are resolved because I would hate to see people lose their jobs in this economy," she said. "I think it's incumbent on the attorney general to advise the Legislature on the impact and the next steps as a result of today's Supreme Court decision."
State Rep. Joe Souki, whose district includes Kahakuloa, Wailuku and Waikapu, said he was disappointed by the court's decision.
"Again the Supreme Court has meddled in the Legislature as they have done in the past," said Souki, the House Transportation Committee chairman. "I hope that the governor's office makes an appeal to their decision.
"I believe the Legislature has a right to form a session anytime they want with a two-third vote (of members) or the governor calling," Souki said.
Central Maui Rep. Gil Keith-Agaran said the court ruled that "the Superferry does have to follow the law like everyone else."
But, while an environmental review will need to be completed, "it's unfortunate what it means now for interisland transportation in the meantime," he said. "Hopefully DOT will finish that EIS, and they will get through the process."
West Maui state Rep. Angus McKelvey said he wants to see the ferry service saved, especially when the state is trying to lure visitors to Hawaii and the ferry provides another means of travel between the islands.
Warren Watanabe, executive director of the Maui County Farm Bureau, said the Superferry has provided an important alternative means for Maui farmers to get their products to Oahu.
"That option is now lost," he said.
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 convene in special session in 2007 and pass a law, known as Act 2, enabling the Superferry to run while an environmental assessment was drafted.
Lingle expressed no regret with her administration's original decision to grant the Superferry an exemption from state environmental review laws.
''We know from the beginning we were correct and accurate. (We) did the right thing,'' she said. ''We've been able to provide a great service to the people of Maui and Oahu, one that they've come to appreciate, and in some cases, to depend upon.''
The 350-foot Alakai, which can seat up to 800 passengers and carry about 200 vehicles, has operated since December 2007. The ferry was built by Austal USA in Mobile, Ala.
* Staff Writer Melissa Tanji and The Associated Press contributed to this report. Brian Perry can be reached at citydesk@mauinews.com.
