▪ HAWSCT Issues Opinion in Hawaii Superferry EIS Appeal

Nineteen months after the briefing was completed, but only several days before the Superferry was scheduled to commence operation, the Hawaii Supreme Court issued a unanimous order, holding that the State's decision to exempt the improvements to Kahului Harbor necessary for the Superferry's operation from an environmental assessment was erroneous.  The Order noted that an opinion of the court would follow.  The opinion followed today. 

No real surprises, but the court's analysis of "procedural standing" and when a court should defer to an administrative agency's determination will make good fodder for a law review article.  Charley Foster's summary here, and the Honolulu Advertiser's story here.

Briefs of the parties are posted here.