Posted on: Thursday, May 8, 2003
Cruise lines dropped from suit
By Timothy Hurley
Advertiser Maui County Bureau
WAILUKU, Maui — A Maui judge yesterday allowed Holland America Lines and Princess Cruises to drop out as defendants in a lawsuit that aims to force the state into conducting an environmental review before allowing cruise ship visits to Moloka'i.
Circuit Judge Shackley Raffetto agreed with a cruise industry representative who argued that the litigation is really a dispute between cruise ship foes and the state. Honolulu attorney Stuart T. Feeley also pointed out the companies no longer have visits scheduled for Moloka'i.
Earthjustice attorney Isaac Moriwake, representing the Moloka'i group known as Hui Ho'opakele 'Aina, argued that the cruise ship companies could just as easily reschedule the Moloka'i visits, and previously indicated they might do just that.
Holland America announced in February that it was canceling visits pending a meeting with Moloka'i residents that had been requested by state lawmakers. No meeting dates have been announced.
Moriwake argued the cruise lines should remain as defendants to make sure they comply with the environmental review requirements sought in the suit.
A state attorney argued that with no cruise visits scheduled, the suit should be dropped. But no formal motion was filed on behalf of the state, and the litigation apparently will go forward.
Moriwake said yesterday's ruling was "one more setback for the residents of Moloka'i."
In January, Raffetto refused to grant a preliminary injunction to halt the ship visits pending an environmental review.
Even so, there have been no cruise ship visits to Moloka'i. The Holland America Line canceled its first two scheduled visits — in December and January — for unrelated reasons.
Also, the county Department of the Corporation Counsel issued an opinion indicating a special management area use permit is not needed for cruise ship ground tours. Moriwake said Hui Ho'opakele Aina had argued such tours would affect coastal areas to the point that some kind of environmental review was necessary.
He said the group is considering adding the county to its lawsuit.
