Post by ferryfast admin on Mar 22, 2005 23:19:58 GMT -5
Tuesday, March 22, 2005 12:10 PM
Environmental review for ferry sought in suit
By VALERIE MONSON, Staff Writer
www.mauinews.com/
WAILUKU – Three Maui organizations sought an injunction Monday to require that the Hawaii Superferry “at least” prepare an environmental assessment before it enters into an operating agreement with the state to use Kahului Harbor.
“Before they get the right to use the harbor, an environmental review should be conducted,” said attorney Isaac Hall, who filed papers in 2nd Circuit Court late in the afternoon.
The suit against the state Department of Transportation (DOT) and the Hawaii Superferry also names DOT Director Rodney Haraga and Barry Fukunaga, deputy director for the Harbors Division. DOT spokesman Scott Ishikawa said no comment could be made until officials had seen the document.
John Garibaldi, chief executive officer of Hawaii Superferry, hadn’t received a copy of the lawsuit yet, either, but he called the action “unfortunate and troubling.”
“As I told the state Legislature, if we’re required to do an EIS (environmental impact statement), it would kill the ferry,” said Garibaldi when reached on Oahu. “The Superferry has done everything according to law.”
Hall said he was representing the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition, which is made up of canoe clubs that use the harbor facilities. The request was filed because DOT is expected to enter into an operating agreement with the Superferry on or before April 1, but be exempted from environmental review. Hall noted that although Superferry officials have said they will conduct their own environmental studies before service commences, that won’t happen until after the pact has been signed.
“They’re doing it exactly backwards,” he said. “They’re supposed to do an environmental analysis and study prior to entering into an agreement. This is totally the opposite of what’s required by Chapter 343,” which outlines requirements for environmental reviews in the state statutes.
The Superferry, which bills itself as “H-4” by linking the islands much like the freeways that crisscross Oahu, has caused considerable debate throughout the state with those hoping for cheaper travel pitted against others who fear disastrous environmental and social ramifications.
Even elected officials find themselves at odds. The state Legislature said an EIS wasn’t necessary, but Maui Mayor Alan Arakawa, the Maui County Council and the Kauai County Council all have urged that one be completed.
Hall said there’s a big difference why the Superferry should be forced to undergo environmental review as opposed to cruise ships and other individual harbor users or even airlines arriving at Kahului Airport.
“The difference is that cruise ships don’t need $40 million worth of state funds to build infrastructure before they can operate,” he said. “They (Superferry officials) keep saying it’s like an airline, but we haven’t had an airline say it can’t land here until the taxpayers of Hawaii pay $40 million in infrastructure improvements.”
Garibaldi said the money has been incorrectly portrayed. He said the $40 million will be funded through reimbursable bonds issued by the Legislature. The company has every intention of paying that back, he said.
“This isn’t a gift,” he said. “We’re using existing harbor facilities. The money for improvements will basically facilitate the purpose originally intended – the movement of people and cargo.”
Earlier this month, DOT announced plans to construct a barge that would be moored at the end of Pier 2 to accommodate the Superferry at crowded Kahului Harbor. That project also would be exempt from an environmental assessment (EA).
Hall said before the Superferry gets the OK to use the harbors, it must address the alien species issue, how it will avoid collisions with whales and mitigate traffic impacts. He pointed out in the lawsuit that DOT had “kept secret” the planned use of the harbors in conjunction with the Superferry by putting in place a protective order in its application to the Public Utilities Commission. Because of that, said Hall, too much is unknown about the project.
“We felt it was important to file this before the operating agreement was executed,” said Hall. “We wanted to put them on notice that the operating agreement is illegal without an EA first being prepared.”
Garibaldi questioned “what special interests” were motivating the groups that took the action. He said Arakawa and the councils from Maui and Kauai “were reacting without the right information in hand. Our great desire was that the counties would have waited until they got more information instead of speculating” without the facts.
“With all the support we’ve received, we’re just taken aback that people have resorted to filing a lawsuit,” said Garibaldi. “We’ll just have to work from here.”
Valerie Monson can be reached at vmonson@mauinews.com.
Environmental review for ferry sought in suit
By VALERIE MONSON, Staff Writer
www.mauinews.com/
WAILUKU – Three Maui organizations sought an injunction Monday to require that the Hawaii Superferry “at least” prepare an environmental assessment before it enters into an operating agreement with the state to use Kahului Harbor.
“Before they get the right to use the harbor, an environmental review should be conducted,” said attorney Isaac Hall, who filed papers in 2nd Circuit Court late in the afternoon.
The suit against the state Department of Transportation (DOT) and the Hawaii Superferry also names DOT Director Rodney Haraga and Barry Fukunaga, deputy director for the Harbors Division. DOT spokesman Scott Ishikawa said no comment could be made until officials had seen the document.
John Garibaldi, chief executive officer of Hawaii Superferry, hadn’t received a copy of the lawsuit yet, either, but he called the action “unfortunate and troubling.”
“As I told the state Legislature, if we’re required to do an EIS (environmental impact statement), it would kill the ferry,” said Garibaldi when reached on Oahu. “The Superferry has done everything according to law.”
Hall said he was representing the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition, which is made up of canoe clubs that use the harbor facilities. The request was filed because DOT is expected to enter into an operating agreement with the Superferry on or before April 1, but be exempted from environmental review. Hall noted that although Superferry officials have said they will conduct their own environmental studies before service commences, that won’t happen until after the pact has been signed.
“They’re doing it exactly backwards,” he said. “They’re supposed to do an environmental analysis and study prior to entering into an agreement. This is totally the opposite of what’s required by Chapter 343,” which outlines requirements for environmental reviews in the state statutes.
The Superferry, which bills itself as “H-4” by linking the islands much like the freeways that crisscross Oahu, has caused considerable debate throughout the state with those hoping for cheaper travel pitted against others who fear disastrous environmental and social ramifications.
Even elected officials find themselves at odds. The state Legislature said an EIS wasn’t necessary, but Maui Mayor Alan Arakawa, the Maui County Council and the Kauai County Council all have urged that one be completed.
Hall said there’s a big difference why the Superferry should be forced to undergo environmental review as opposed to cruise ships and other individual harbor users or even airlines arriving at Kahului Airport.
“The difference is that cruise ships don’t need $40 million worth of state funds to build infrastructure before they can operate,” he said. “They (Superferry officials) keep saying it’s like an airline, but we haven’t had an airline say it can’t land here until the taxpayers of Hawaii pay $40 million in infrastructure improvements.”
Garibaldi said the money has been incorrectly portrayed. He said the $40 million will be funded through reimbursable bonds issued by the Legislature. The company has every intention of paying that back, he said.
“This isn’t a gift,” he said. “We’re using existing harbor facilities. The money for improvements will basically facilitate the purpose originally intended – the movement of people and cargo.”
Earlier this month, DOT announced plans to construct a barge that would be moored at the end of Pier 2 to accommodate the Superferry at crowded Kahului Harbor. That project also would be exempt from an environmental assessment (EA).
Hall said before the Superferry gets the OK to use the harbors, it must address the alien species issue, how it will avoid collisions with whales and mitigate traffic impacts. He pointed out in the lawsuit that DOT had “kept secret” the planned use of the harbors in conjunction with the Superferry by putting in place a protective order in its application to the Public Utilities Commission. Because of that, said Hall, too much is unknown about the project.
“We felt it was important to file this before the operating agreement was executed,” said Hall. “We wanted to put them on notice that the operating agreement is illegal without an EA first being prepared.”
Garibaldi questioned “what special interests” were motivating the groups that took the action. He said Arakawa and the councils from Maui and Kauai “were reacting without the right information in hand. Our great desire was that the counties would have waited until they got more information instead of speculating” without the facts.
“With all the support we’ve received, we’re just taken aback that people have resorted to filing a lawsuit,” said Garibaldi. “We’ll just have to work from here.”
Valerie Monson can be reached at vmonson@mauinews.com.