Lawmakers should hold session for ferry
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The ideal purpose of a functioning government is to deliver to the people the best of all possible worlds. Instead, Hawai'i's elected representatives now find themselves at the juncture of choosing the lesser of two evils.
The state Supreme Court ruled in August that the state administration erred in its finding that an environmental assessment would not be required for the Hawaii Superferry. Yesterday, a ruling by Maui Circuit Judge Joseph Cardoza made the repercussions of that decision crystal clear.
Cardoza ruled that environmental law does not permit the ferry to operate while the assessment is being prepared.
His ruling follows weeks of court hearings during which company executives stated unequivocally that the Superferry could not afford to idle during the study process and likely would have to leave Hawai'i altogether.
Considering the state's need for alternative transportation options — especially with the uncertainty in the airlines market — taking steps to salvage Superferry would make the best of a thorny situation.
That's why the Legislature should meet in a special session to pass a law enabling the ferry to continue. There should be room for conditions to be set while environmental studies are under way that could minimize the risks to whales and other resources, until the impact of a full-scale operation becomes clear.
Gov. Linda Lingle has asked lawmakers to convene a special session; Democratic leaders have planned a caucus today to discuss it.
Carving out exemptions from environmental law is far from good governmental practice, and it's distressing to contemplate doing that here. Lawmakers should review environmental law next regular session and discuss ways that decisions could be reviewed administratively, to avert future courtroom battles.
But the focus now should be on the preferred course to take in this case, in which government gave mixed signals to yet another company seeking to do business in Hawai'i. Uprooting the Superferry after the investment to date would send a message that the state would surely regret.
Lawmakers created a similar work-around in the Hokuli'a development. Nobody wanted to exercise that option again so soon, but our collective guilty conscience should not deter leaders from making the best of a bad situation.
If a session convenes, lawmakers should spend their time understanding how the case unfolded and collaborating with the administration on how to proceed in the best interest of the state. Given the fractious relations between the Democrat-led Legislature and the Republican executive branch, that may seem hopelessly optimistic, but leadership is what's needed now — not grandstanding.
Cardoza yesterday expressed hope that "today will serve as a moment of reflection for all of us and recognition of the need for having this community work together."
He may have been addressing those remarks to Superferry's opponents and supporters, but the elected leaders who must navigate out of this mess should be listening, too.
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