Environmentalists argued that the Superferry, which would transport passengers between the Islands, should have been required to study how it could create traffic jams, collide with humpback whales or spread invasive species.

The five Supreme Court justices asked frequent questions of the attorneys at the hearing, but they gave no indication when or how they would rule. Decisions typically take weeks or months.

Attorney Isaac Hall told the justices that state government officials shouldn't have exempted the Superferry from a law that calls for environmental reviews on projects that use government land and money — in this case, $40 million worth of harbor improvements on O'ahu, the Big Island, Maui and Kaua'i.

"The public was deprived of ... any public notice. It did not get any ability to comment," said Hall, who represents the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition in oral arguments.

The Superferry is scheduled to start service Tuesday with one vessel traveling between O'ahu, Kaua'i and Maui, with service to the Big Island starting when its second ship arrives in 2009. The 340-foot-long Alakai can carry up to 866 passengers and more than 100 vehicles.

Attorneys for the Superferry and the state claim that an environmental review should not have been required for the project.

"No environmental assessment was done for the cruise ships" that currently use island harbors, said William Wynhoff, deputy attorney general for the state. "The issue of whether or not another new ship ... comes to Kahului harbor, there isn't an environmental assessment for that."

Lisa Munger, who represented the Superferry, tried to get the justices to reject the case on procedural grounds because she said members of the public don't have the right to bring lawsuits asking for environmental reviews.

"The state doesn't allow lawsuits by concerned individuals unless they can show harm to them personally rather than the environment in general," Munger said after the hearing. "The key is, were they harmed by the process?"

The state Department of Transportation allowed the Superferry to move forward without the environmental review in 2004 because officials said it wouldn't be fair to subject only the Superferry to an environmental review without holding other harbor users to the same standard.

The Office of Environmental Quality Control and county governments were consulted before the decision was made, but no public hearings were held.

The county councils on Maui, Kauai and the Big Island have passed resolutions calling for environmental studies.

This lawsuit was originally dismissed by Maui Circuit Judge Joseph Cardoza in July 2005, who ruled that the plaintiffs didn't have standing to challenge the project.

Superferry officials conducted their own voluntary review and say they have taken precautions to protect the environment.

The ferry will hire lookouts to watch for whales, alter its routes and slow down during peak whale season. Its employees will inspect vehicles for invasive species and prohibit mud-caked cars from making the voyage.

One-way fares start at $52. It costs an additional $59 to $69 one-way to bring a car, and more to bring a pickup or van.

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