Superferry decision

Hot off the press -

The Court writes some new law concerning the standard of review courts should use when reviewing agency decisions (in other words, how much deference the court ought to accord to agency decisions). In fact, most of the decision is devoted to standard of review and standing issues, with the substantive issues (the merits) not making an appearance until 81 pages into the 104 page decision. (And this makes sense, as these threshold issues will likely have wider impact over future environmental cases than will the substantive outcome of this case). As to the merits, the court said the Department of Transportation was wrong to base an environmental analysis exemption on the harbor improvements alone, but should have taken into consideration the potential impacts of the overall Superferry project, including potential danger to marine life as well as traffic congestion. Unless I missed it (it's 11:30 on a Friday night... and I'm reading a case) the Court declined to address whether the Superferry can operate while the assessment is being conducted. I expect more litigation on that point. I understand, too, that a Kauai citizens' group is lawyering up to get an injunction to keep the boat out of Nawiliwili.