Thursday, April 03, 2008


Kauai's fires a shot across the Superferry's bow

by Larry Geller

Attached (with thanks to attorney Daniel Hempey) is a copy of the brief just filed on behalf of 1000 Friends of Kauai.

It's very nicely organized and argued. I'm sure that it will serve as a reference for Superferry students, journalists and scholars of the future. I find it interesting to observe first-hand the development of what I think will come to be referred to as a "textbook case" in the usual negative sense.

The narrative is quite dramatic at points. For example:

On August 26, 2007 the Alakai bore down upon Nawiliwili Harbor; turtles and an endangered monk seal were seen in the harbor when the Alakai arrived. The DOT, however, permitted the Alakai to dock at the State owned harbor – without first completing the environmental assessment ordered by the Supreme Court only days earlier.

This is beautiful prose, IMHO. After reading this, I feel the need to defend the helpless sea creatures against this powerful evil and an uncaring DOT. I hope the judge will feel the same way.

Let's see how this goes.

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