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The Honolulu Advertiser
Posted on: Wednesday, October 10, 2007

Judge weighs 'new chapter' for Hawaii

 •  Special session Hawaii Superferry's only hope

Excerpts from yesterday's ruling by Judge Joseph Cardoza:

"I do recognize when we look at the position of parties that sometimes we have a tendency to examine what motives might be behind those positions ... I see individuals and attorneys working very hard to present to the courts extremely important issues."

"All the concerns that have been expressed are valid ones and raise very serious issues." One of those, Cardoza said, is the right to travel freely within the state, and whether one community can close itself off to others. "That's not an option in terms of closing off a community to another segment of the community. It's not an option to tell people they can't travel from one island to another."

"In the court's view, this should not be a moment of joy or celebration but rather a time when all of us must commit ourselves to generating an environment that will work for the good of our society."

"I hope today will serve as a moment of reflection for all of us ... We can have different views but we do not need to have a divided community just because we have different views. If we remain divided as a community, these problems will not go away ... Whether we realize it or not, whether we accept it or not, whether we like it or not, we are all in this together."

"Today, as you leave this courtroom, if you feel you're on the side that won or on the side that lost, show respect and concern for your fellow citizens and focus on helping the community reach workable solutions to the very difficult problems that face all of us."

"In ruling today, I will note that this court's obligation is to apply the law as it is written. It isn't this court's right to rewrite our laws."

"This court concludes that Hawaii Revised Statutes Chapter 343-5 gives the court clear and concise direction, and that is acceptance of a required final (environmental) statement is a condition precedent."

"In the court's view, the Hawaii Superferry does represent new technology. The new technology involves creating a situation where there is greater mobility in the state, and that is an advantage, and some might argue, a disadvantage. People and their property and their cars and trucks will be able to move more easily throughout the state ... The Hawaii Superferry is also a high-speed ferry. ... There's no dispute that it can operate at speeds of 37 knots ... and that's clearly a new technology in the state of Hawai'i. It represents a new chapter in transportation as far as the history of this state."

"There is a real possibility of irreparable damage to the environment, to the way of life in this community, and as a result, in the court's view, the balance of irreparable damage favors issuance of injunctive relief."

"The substantial public interests (of allowing the ferry to operate) ... do not serve as a replacement for a complete environmental assessment process under law as currently found in Chapter 343."