Audio Recording of Hawaii Superferry Supreme Court Oral Arguments (mp3)

The Court has released the audio recording of this morning's oral arguments in the Hawaii Superferry (part II) case. Download the mp3 here (caution, it is a 40mb file). 

The archive of this morning's live blog of the arguments is posted here.

The briefs in the case are posted here.

Comments

[Carl Christensen]

Thanks very much for your blogging today. It was an interesting experience. I had to leave early for a meeting so couldn't stay to the end to thank you then.

I've listened to the tape of the argument, and my guess is that they'll rule for Sierra Club on the merits, especially as the CJ (at least) may be willing to revisit Bulgo if it would otherwise stand in the way. The attorneys' fee issue is harder to call, I think. The court has suggested in other cases that a private attorney general theory might be available, but thus far they haven't seen a case where they were actually willing to apply the doctrine and award fees. We'll see if this is the one, or if instead they finally shut the window on that theory.