Hawaii Superferry cleared to sail

WAILUKU, Hawaii (AP) -- A state judge cleared the way Wednesday for Hawaii's new interisland ferry to operate before an environmental assessment is complete, disappointing critics who argued the giant vessel could harm whales and damage the area's fragile ecology.

Judge Joseph Cardoza cited a new state law passed in an emergency legislative session in his decision to reverse his injunction against operation of the Hawaii Superferry, a car and passenger service that would link Oahu, Maui, Kauai and eventually the Big Island as the first alternative to air travel.

The first 350-foot catamaran has been sitting idle in Honolulu Harbor for weeks while Superferry lawyers, the Legislature and Gov. Linda Lingle struggled with environmental objections.

State Attorney General Mark Bennett told the judge he was bound by the new law signed by Lingle this month allowing the ferry to run while an environmental study is being completed.

Cardoza agreed, ordering immediate dismissal of a case, but added: "Whether that represents good or bad legislative policy is not for this court to determine."

The judge also rejected arguments from an attorney suing the ferry, Isaac Hall, who said the emergency legislative session and the new law violated the state constitution.

Superferry CEO John Garibaldi said outside the courtroom that the ferry service likely would resume in about two weeks with an announcement in a few days on when 250 furloughed employees would be rehired. Its schedule calls for daily voyages to and from Maui and a six-times-weekly run for Kauai.

"It's a new beginning for us," Garibaldi said, vowing to help protect the environment.

Hall cited overwhelming testimony in hearings last month that whales in protective sanctuary along the ferry route are in dire danger from the high-speed vessels. He said he was considering whether to appeal.

"We're not just going to stand here and let invasive species be spread and our whales be killed," he said. "People from all walks of life know this is wrong."

"There will probably be some people who feel the only way to see justice done will be in the water," Hall said. Protesters in Kauai's harbor stopped the ferry from docking on its last run in late August.

At least one legal obstacle to smooth ferry runs remains. Another Maui judge has put traffic restrictions on the ferry that the company said would delay unloading of cars. Garibaldi said that issue would be dealt with when it comes up again in court next week. E-mail to a friend

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