Posted on: Tuesday, March 22, 2005
Environmentalists sue ferry
By Curtis Lum
Advertiser Staff Writer
Three environmental groups filed a lawsuit yesterday against the state and the company that is developing the Hawai'i Superferry, demanding that a thorough environmental impact study be conducted on the project.
The lawsuit was filed in Maui Circuit Court by lawyer Isaac Hall on behalf of the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition. Named as defendants were the state Department of Transportation and its director, Rod Haraga; DOT harbors director Barry Fukunaga, and Hawai'i Superferry Inc.
The plaintiffs are asking that Hawai'i Superferry be prohibited from implementing any segment of the project and the state from granting any approvals until an environmental impact statement, or at the very least an environmental assessment, is done. An environmental study is required by law for a project on such a large scale as the Superferry, the lawsuit said.
Scott Ishikawa, DOT spokesman, yesterday afternoon said the department had not seen the complaint and could not comment.
John Garibaldi, Hawai'i Superferry chief executive, said he also had not read the lawsuit and couldn't comment on the allegations, but he did say the action was "very unfortunate."
"It's unfortunate and troubling that a lawsuit like that has been filed, especially given all the public support that Hawai'i Superferry has had and the efforts that we've made getting out into the community," Garibaldi said.
He said the company has complied with the state's environmental review laws, which Garibaldi said did not require an environmental study. He said he did not know why the ferry project is being singled out by the three groups.
"No users of harbors, no past operating ferries, no barge companies, no cruise lines that utilize our harbors, none of the container-ship companies or the new-car shipment companies have had to do any type of environment review work related to that," Garibaldi said.
He repeated earlier statements that an EIS would take nine months to a year to complete and would essentially kill the project because of a June 30 drop-dead date to obtain government approvals. The delay would result in the loss of the first of two ferries under construction in Alabama, as well as $200 million in capital, he said.
The Superferry is intended to provide a cheaper alternative to interisland travel. One-way fares between Honolulu, and Maui, Kaua'i and the Big Island are expected to range from $42 to $62, with one-way fees for cars ranging from $55 to $75.
Garibaldi said he hopes to begin service in early 2007.
But before any service begins, the environmental groups said Hawai'i Superferry must conduct an environmental review.
The lawsuit says the state and Hawai'i Superferry have "kept secret" information on how state harbors will be used.
"DOT and the Hawai'i Superferry have steadfastly refused to make public any actual written plans or map plans showing in detail how each harbor will be used," the lawsuit said.
"A new statewide transportation system ... capable of carrying up to 866 passengers and 282 cars, or 26 trucks ... is not a proposed use which will probably have minimal or no significant effects on the environment," the lawsuit said.
Haraga said earlier this month that harbor improvements would not require dredging, permanent facilities or waterside construction. The $40 million that DOT is requesting from the Legislature will be used to acquire barges and ramps that will be used to move cars and other vehicles between the ferry and docks, he said.
A state Senate committee this month killed a measure that would have required an environmental impact statement for the Superferry.
Reach Curtis Lum at 525-8025 or culum@honoluluadvertiser.com.
