At a hearing today in Maui Circuit Court, Judge Joseph Cardoza picked that date to consider whether to dissolve a preliminary injunction that has kept the high-speed, interisland ferry from calling at Kahului Harbor.

Gov. Linda Lingle's signing of a bill last week essentially overturned Cardoza's Oct. 9 order granting the injunction.

The new law, passed last week during a special session of the Legislature, allows Hawaii Superferry to resume service while the state conducts an environmental review of $40 million in ferry-related harbor improvements.

In view of the new law, the company and the state are asking Cardoza to dissolve the injunction.

Wailuku attorney Isaac Hall, representing three groups that sought the court order, indicated today he would argue that the injunction should remain in place because the new law is unconstitutional and does not adequately protect the environment from the possible impacts of the ferry service.

Hall pointed out that Cardoza already has ruled the Hawaii Superferry represents a new mode of transportation in the Islands that carries a risk of irreparable harm from collisions with humpback whales, the spread of invasive species, increased traffic around ports, depletion of Native Hawaiian subsistence resources and other concerns.