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Hawaii Superferry Shuts Down

After a Supreme Court ruling - that the law which the legislature passed allowing the company to operate pending an environmental impact statement - was unconstitutional, the Hawaii Superferry has decided to cease operations and will begin laying off more than 200 employees tomorrow.

The state had exempted the Superferry from environmental review in 2005. But the Supreme Court later ruled that an environmental study was needed before the vessel could operate.

That prompted the Legislature to convene in special session in 2007, and pass a law enabling the Superferry to run while an environmental assessment was drafted. But the court on Monday argued that the law was unconstitutional, and sent the case back to Circuit Court.

Attorney General Mark Bennett said the state may try to save the Hawaii Superferry by completing a full environmental impact statement.  The state Department of Labor and Industrial Relations activated its Rapid Response Team to assist the soon-to-be former Hawaii Superferry employees.

The governor said she hopes the Supreme Court will take another look at it's ruling.  "The Legislature is looking at perhaps requesting a reconsideration along with us. Ask the Supreme Court to take another look at this beyond the Superferry issue. There are larger implications from the decision," Lingle said.

The company issued a press release today in which Tom Fargo, President & Ceo, said, in part, "As I mentioned two days ago, we are hugely disappointed with the Supreme Court's decision that Act 2 is unconstitutional.
 
After a year of operations, including a successful winter season, we looked forward to the upcoming spring break with great energy and enthusiasm.
 
The problem before us today is there appears to be no short-term solution to this ruling. To conduct another EIS, even with the work done to date, and move it through legal review might take a year or so. Other options don't provide the certainty necessary to sustain a business.
 
As a result, we are going to have to go out and find other employment for Alakai, for now. 

Obviously, this is not even close to our preferred outcome. We have believed from the start and continue to believe that there is a clear and unmet need for an Inter-Island High Speed Ferry System for the state. My hope, our hope, is that the conditions will eventually be such that we can realize that vision in Hawaii."

If you are concerned about a refund, or to read the entire text, visit the HawaiiSuperFerry site.

My mom and I thoroughly enjoyed our ride to Maui to visit the whales in December, on the ferry.  It was a great alternative to air travel, and I feel badly for the employees who have lost their jobs.

Barbara Abe, Realtor

 

Published Thursday, March 19, 2009 5:13 AM by Barbara Abe

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