To sail, or not to sail. That is the SuperFerry question.
In a nutshell, Hawaii’s legislature passed laws requiring environmental impact statements which, in a surprise to all, also impact Hawaii SuperFerry’s ability to provide high speed ferry service between the islands.
A few very small, very vocal groups protested the SuperFerry’s plans to sail from Honolulu into Maui and Kauai. Was there noise from the 950,000 residents of Oahu? Nope. The legal noise and protests came from a few hundred residents on Maui and Kauai who oppose the SuperFerry for a variety of very strange reasons, except one. The law requiring an environmental impact statement first.
A Maui judge ruled that the SuperFerry cannot sail while the state conducts the impact statement required by law. That’s the law, pure and simple.
The tyranny of the minority may yet sink the SuperFerry, but not before yet another minority has an opportunity to impose their own tyranny upon the minorities on Maui and Kauai.
How so? Governor Linda Lingle and the state lawmakers may call a special session of the legislature to overturn or rewrite the law which requires an environmental impact statement, which prevents the SuperFerry from sailing to Maui and Kauai.
Either way, the SuperFerry’s fate is controlled by a minority, not the majority on all islands who would benefit from ferry service.
What’s the lesson to be learned by this mess? If the rules don’t get you what you want, get new rules, or get new rulers.
1 comment so far ↓
one note, it is not illegal to grant an exemption (at least not at the federal level for NEPA) you just must back it up with documentation. i am not sure what was done for the exemption in this case but it is wrong to keep saying the law was not followed because if the law allows for an exemption then the real “criminal” in this case would be the judge for throwing out the exemption.
it’s too bad the reporters covering this were not more informed so they could provide us with the facts as to what really occurred here but since they intermix EA and EIS as if they are the same document, there is little hope for that.
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