HONOLULU, Hawaii, October 9, 2007 (ENS) - A Maui judge today ruled that the brand new the $85 million Hawaii Superferry cannot operate while the state prepares an environmental assessment.

The state waived an environmental assessment back in 2005 at the request of the Superferry management, who feared that their funding might evaporate if they had to wait for a study of changes made to Kahului Harbor on Maui to accommodate the big catamaran.

The U.S. Department of Transportation's Maritime Administration approved $140 million in loan guarantees for the Superferry in January 2005 on the condition that the state give all governmental and environmental clearances, including confirmation that there was no need for an environment assessment.

Maui Circuit Judge Joseph Cardoza's decision will keep the Superferry tied up in Honolulu while the required environmental work is completed, which could take at least a few months and as long as a year.

Superferry president and CEO John Garibaldi said, "Obviously, we are disappointed. While the ruling is a loss for Hawaii Superferry and our employees, it is a greater loss for the state of Hawaii."

Garibaldi said the company has been absorbing weekly costs of $650,000 and cannot afford to keep its 350-foot, high-speed ferry sitting idle while the state conducts the assessment. He has said that the Superferry might be pulled out of the state if it was not allowed to operate.

State legislators and Governor Linda Lingle said today that a special session of the Legislature to address the Superferry issue is likely now in view of the judge's ruling.

In his ruling, Judge Cardoza also determined that the Hawaii Department of Transportation's 22 year operating agreement with the Superferry is invalid. That could mean that the vessel cannot use port facilities in the state.

At the end of August, just days before the Superferry was set to launch its inter-island service, a state Supreme Court judge granted environmentalists their wish - an environmental impact assessment. The ruling reversed the July 2005 judgment of a lower court that no such assessment was necessary.

In response to the argument the Superferry is no different from barges, cruise ships or airplanes that do not have to conduct environmental assessments before being permitted, Judge Cardoza said the ferry is a new technology and a new chapter in transportation in Hawaii.

The decision capped a month-long hearing on a request to halt ferry service brought by the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition.

Increased traffic around ports, the potential spread of invasive species and collisions with humpback whales top the groups' list of concerns, in addition to the fear that increasing numbers of visitors to the outer islands will change their laid-back, relaxed lifestyle. Some also fear the rip-off of natural resources by an increasing stream of visitors.

The Superferry has operated for only two days in August. Dozens of protesters swam and rode surfboards into its path and prevented the big catamaran from docking at Nawiliwili Harbor on Kauai.

Although the U.S. Coast Guard established a designated protest area to allow the Superferry to enter the harbor, management decided to postpone Kauai trips.

In federal court last week, attorney Lanny Sinkin from Hawaii Island lost a challenge to the Coast Guard's security zone on the grounds that it prohibits free speech. Sinkin has appealed that ruling to the Ninth Circuit Court of Appeals.

Hawaii Superferry and the state have not said whether they will appeal Judge Cardoza's ruling to the Intermediate Court of Appeals.

The state Transportation Department last week selected the firm Belt Collins to conduct a $1 million environmental assessment of Superferry operations.

Copyright Environment News Service (ENS) 2007. All rights reserved.