Judge Joseph Cardoza issued a temporary restraining order to that effect on Aug. 27, but such orders cannot be extended beyond 20 days.

At a hearing this morning in Maui Circuit Court, Cardoza agreed to grant a preliminary injunction to keep the ferry out of Kahului Harbor at least until he issues a decision on whether the ferry can resume operations while the state conducts an environmental review of ferry-related harbor projects.

The hearing was convened in the wake of an Aug. 23 Hawaii Supreme Court ruling ordering the state Department of Transportation to conduct the environmental assessment.

On one side is Maui Tomorrow, the Sierra Club and the Kahului Harbor Coaltion, and on the other side is DOT and the Hawaii Superferry.

Cardoza began hearing testimony Monday on whether the potential risks of allowing the ferry to operate during the assessment outweighs harm to the company and the state in keeping it confined to port.

The three Maui groups claim the potential risks include the spread of invasive species and collisions with humpback whales.

The hearing is expected to continue into next week and perhaps beyond.

Both sides submitted potential witness lists totaling nearly 50 people.

Cardoza said he was satisfied that parties were not attempting to use lengthy testimony as a "filibuster" to keep the injunction in effect for an extended period.

The judge also said he is aware of the urgency in issuing an order that ultimately could decide the Superferry's fate. It could takes months for an environmental assessment to be done, and the company may not be able to financially absorb being idle for that long.