Judge Shackley Raffetto refused to grant a preliminary injunction to Hui Ho'opakele 'Aina, saying the Moloka'i community group failed to prove its legal action has merit, would prevent irreparable harm or favors the public interest.

The environmental advocacy law firm Earthjustice filed the suit on behalf of the group in an attempt to head off potential environmental and social impacts to the rural island as a result of the cruise ship visits.

Earthjustice attorney Isaac Moriwake said it was a sad day for the environment on Moloka'i.

Moriwake said his clients will seek summary judgment on their suit as well as consider appealing today's ruling.