Ferry law not end of fight

The Maui News
Friday, November 02, 2007

Editorial

The Superferry fiasco isn't over. There's still an injunction that keeps the Alakai from sailing into Kahului Harbor. Basically, 2nd Circuit Judge Joseph Cardoza will be asked to rule on the constitutionality of the Legislature's approval of a measure that would allow the Superferry to operate while environmental and social impacts are studied.

Isaac Hall, the attorney for Maui Tomorrow, the Kahului Harbor Coalition and Hawaii Sierra Club, is ready to ask Cardoza to declare the legislation unconstitutional. Sen. J. Kalani English says the legislation rests on "shaky constitutional law."

No matter which way Cardoza rules, it's likely appeals will be filed.

Legislators did write some environmental stipulations into the law, but it will be up to Gov. Linda Lingle's administration to write specific rules and regulations and then make sure the Superferry follows them. There will also be an appointed task force to oversee everything.

Rep. Angus McKelvey had it right when he said an environmental impact statement is "simply a disclosure document." An environmental assessment is done to determine if an environmental impact statement is needed. If so, the EIS must cover all the possible, probable and likely effects of the Superferry and also suggest mitigation, that is, ways of eliminating or cutting down the effect of the negative impacts.

The whole mess was kicked off by the state Department of Transportation deciding unilaterally that $40 million in harbor improvements for the Superferry did not trigger the state's environmental protection laws. The Superferry did itself no good when it jumped the gun with two cut-rate trips to Maui in the days immediately preceding court action.

If the ferry is allowed to begin operations, there would be the possibility of civil disobedience along the lines of the Kauai protesters who went into the water to stop the ferry. The Superferry is an emotional issue and emotions can prompt unruly behavior. Law enforcement officers on Maui say they will be ready, if needed, to maintain public safety.

When emotions run high, it is important for leaders on both sides of the debate to strongly urge that cool heads prevail.

Copyright © 2005 The Maui News.

Original article URL: http://www.mauinews.com/edit/2007/11/2/01ferry1102.html

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