State Supreme Court Hears Constitutionality of Act 2

You can view the briefs here. And a summary here

You can read along with live blogging from the Court starting 8:45am Thursday Dec 18 here.

The State Auditor released the second part of her report and it it says:
"Because Hawai'i Superferry Inc. is the only ferry vessel company able to take advantage of the small window of time created by Act 2, it appears that the legislation was designed to benefit a single operator."

The State Auditor's report is available here.

Derrick DePledge of the Honolulu Advertiser adds his always incisive commentary here. Star Bulletin here. Even the rabidly Republican, Lingle-fauning Maui News had to report this damning audit

Sample of State Attorney Dodging the Justice's questions blogged by Robert H. Thomas at www.inversecondemnation.com:

9:34: Nakayama: how many businesses does Act 2 aplly two ..how many businesses fit the description?

9:34 DOT: nothing in record to show that
9:35 Acoba: Act 2 says "large cap ferry vessel company, etc..."

9:35 Is there any entity that fits that descript other than HSF?
9:35 DOT: on this record, no.
Acoba: I am asking YOU.
9:35 DOT: not a factual distinction.
9:36 acoba: my question was whether any other entity that fits description.
9:36 acoba: any other ferry that uses Kahului harbor now?
9:36 Acoba: state only has agreement with HSF for use of K Harbor, right? No other entites or contracts?
9:37 DOT: Act 2 contemplates use of K harbor by others.
Acoba: before it sunsets?
9:37 Acoba: you mean that other ferry companies may use K Harbor and sign agreements with State before Act 2 sunsets?

Hear the entire session on mp3

Check the Court Website to watch for the opinion

Superferry Forced to Turn Back

Waves slam Superferry. As you remember, last year the Superferry sustained a cracked hull and the Coast Guard decreed it could not sail with waves in excess of 19 feet. Last Thursday the ferry attempted a crossing was slammed so hard that they turned back. In another video by this same passenger, you can hear the passengers screaming (more in excitement than fear) every time the ship slams down. See The Unofficial Superferry Blog for more video.

It is possible that next week's ruling on the constitutionality of the Superferry Bailout Bill will be a relief to the company which has lost money on almost every trip they've made as well as incurred heavy repair bills. Court watchers feel that the fact that the State Supreme Court agreed to hear the case indicates that there is a strong possibility that the law could be ruled unconstitutional and that the Superferry will be idled.

This would free the company to go look for military contracts and get out of it's money-losing civilian service. Superferry critics have maintained all along that the extra-large ferry and huge fuel usage has doomed the service from the beginning and that if Superferry had really intended a civilian ferry, they would have included ramps on the ship and listened to to advice to downsize it significantlly.

Save Kahului Harbor Vindicated!

The report from the State of Hawai'i auditor vindicates those who maintained that the Superferry was required to do an EIS prior to commencement of services.

The State Auditor tells a damning story of illegal actions and corruption on the part of Gov. Lingle and her administration.

Read it here.

'We found that faced with too little time and opposition from Hawaii Superferry, Inc., the state Department of Transportation abandoned efforts to prepare an environmental review for harbor improvements needed to accommodate the ferry service."

"In the end, the State may have compromised its environmental policy in favor of a private company’s internal deadline. It remains to be seen whether these decisions will cost the State more than its environmental policy."

"Further, the Department of the Attorney General has taken an active role in our audit, which is unique and unprecedented. We have been told that the attorney general, the first deputy attorney general, and at least three deputy attorneys general are actively involved in our audit. The attorney general has denied us access to department records and communications between his deputies and other administration officials on the State’s decision to exempt state harbor improvements relating to ferry service from an environmental review. The attorney general directed his deputies to collect, screen, and cull documents submitted by agencies in response to our request for information, as well as to attend our audit interviews of state current and former employees."

"The Department of the Attorney General has also interceded in our audit interviews of current and former DOT staff. We were told that current and former employees whom we interview would be represented by one or more deputy attorneys general to invoke either the attorney-client communication privilege or executive privilege depending on the
question being asked. Usually, we interview one person at a time. We do not permit other auditee staff to sit in during the interviews because such interference may impact interviewee candor. Although we expressed concern that the presence of the deputy attorneys general might impact the interview, the deputies remained in the room."

"The administration’s withholding of records from the Auditor is in contravention to the law and prevents the Auditor from carrying out her constitutional and statutory audit authority. Finally, we find the administration’s efforts to stymie our audit disingenuous, especially after it agreed to and supported the audit provision in Act 2, SSSLH 2007."