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The Honolulu Advertiser

Updated at 4:02 p.m., Thursday, October 25, 2007

Attorney general says ferry exemption constitutional

Advertiser Staff

Attorney General Mark Bennett told state representatives today that it is constitutional for legislators to exempt specific projects, such as the Hawaii Superferry, from environmental laws.

"My judgment is it is not unconstitutional," Bennett told state representatives. "... In fact it is the norm in many ways and not the exception."

Bennett cited the Waiahole Ditch project, which the Legislature specifically exempted from Hawai'i environmental laws, and H-3 Freeway, which Congress specifically exempted from federal environmental laws.