Thursday, October 11, 2007

Posted: Maui Circuit Court Order Enjoining Superferry Operations and Voiding Operating Agreement

The Order issued by Judge Cardoza in the Hawaii Superferry case is available at the State Judiciary web site: The Sierra Club v. The Department of Transportation of the State of Hawaii (2CC05-1-0114(3)), Order Granting Plaintiffs' Motion to Enforce Judgment Requiring Environmental Assessment by Prohibiting Implementation of Hawaii Superferry Project, for Temporary, Preliminary and/or Permanent Injunction (Filed 10/9/07) .

As we already know, Superferry services are suspended until an environmental assessment is completed for operations at Kahului Harbor on Maui. But also note that under Section B of the Order, the court has declared void the Operating Agreement entered into between the Department of Transportation and the Superferry as it relates to Kahului Harbor.

If the entire agreement is eventually declared void, it may be less costly for the Superferry to leave Hawaii. In that case, Hawaii will be left with no inter-island ferry service, millions of dollars in state money lost to improvements that no one will use, and millions of dollars in federal monies that potentially may need to be returned to the federal government. Looks like nobody won this case.

1 comment:

RobertWood said...

Hi Jesse,

Surely you are not referring to the Loan Guarantees?

A). Are these other funds that the fed gave to the state?

B.). How much and how were they expended?

"millions of dollars in federal monies that may need to be returned to the federal government."

Thanks very much and congratulations for creating a very useful resource.