http://es7.fast-man.com

http://ol3.mens-charge.com

Amazing Romania

Dear visitor, Thehttp://www.amazing-romania.com
Team . Has the honor to present you the CD Best of Romania, a new
edition of the collection, as you've never seen before.

The Best Of Romania CD, is a unique edition and is the result of team
work site and Amazing Romania Team <http://www.amazing-romania.com>
and www.nmp.ro
.

Here, you can watch, for only $ 1
<http://amazing-romania.com/?page_id=439>
, a promotional video, made with pictures and descriptions,
exclusively from our CD, of this wonderful country. The material
contains images of traditional places of the country, which will be
presented and exhibited with clips and comments about Romania -
Dracula's country. The West sees Romania, a future Noah's Ark, a
country full of history, tradition, mystery. History, traditions,
unique places and the hospitality of the Romanian people are the
business card of Romania. The Pope John Paul 2nd himself was was
deeply impressed by Romania, a magical land, considering it "The
Virgin Mary's Garden", a place blessed by God.

During his visit, the megastar Michael Jackson was deeply impressed
by the beauty of this country, considering Romania the Mecca of Europe
for the beauty and goodness of this country, unique in the world. This
material will be presented in the „Best of a formula" mentioned
above. You will have the pleasure to view on the website address a
small part of the contents of this CD wich should not miss from your
personal collection.

Also, you can buy a trip to our beautiful country, and get a 20%
discount if you buy the CD <http://amazing-romania.com/?page_id=792>
. We invite you to be one of the buyers of this CD for only $ 10, you
will be also a good promoter of Romania.

Sincerely, the Amazing Romania <http://www.amazing-romania.com>
team!

--
If you do not want to receive any more newsletters,
http://ithhome.homeip.net/lists/?p=unsubscribe&uid=ee703732d908da5e7374b4e4340d2dcb

To update your preferences and to unsubscribe visit
http://ithhome.homeip.net/lists/?p=preferences&uid=ee703732d908da5e7374b4e4340d2dcb
Forward a Message to Someone
http://ithhome.homeip.net/lists/?p=forward&uid=ee703732d908da5e7374b4e4340d2dcb&mid=24

--
Powered by PHPlist, www.phplist.com --

Superferry Files for Bankruptcy

Hawaii Superferry Files for Chapter 11 Bankruptcy Protection

http://www.financial24.org/market/hawaii-superferry-files-for-chapter-11-bankruptcy-protection/

 

Hawaii Superferry Inc., which provided high-speed ferry service for cars

and passengers between Hawaii's Oahu and Maui islands, filed

 for bankruptcy protection today.

Hawaii Superferry and parent HSF Holding Inc. filed Chapter 11 bankruptcy

petitions in Wilmington, Delaware. They cited a Hawaii Supreme Court ruling

in March that struck down a state law permitting the company to operate

before completing an environmental impact statement.

The company, which reported more than $100 million in assets and debts

in its bankruptcy petition, said it will use the bankruptcy to shut down its business

and liquidate the company.

The case is: In re HSF Holding Inc., No. 09-11901, U.S. Bankruptcy Court,

District of Delaware (Wilmington).

---

HONOLULU  ADVERTISER

http://www.honoluluadvertiser.com/article/20090530/BREAKING01/90530039

Updated at 2:46 p.m., Saturday, May 30, 2009

Hawaii Superferry files for bankruptcy

By Bob Van Voris     Bloomberg News Service

Hawaii Superferry Inc., which provided high-speed ferry service for cars

and passengers between

Oahu and Maui, filed for bankruptcy protection today.

 

Hawaii Superferry and parent HSF Holding Inc. filed Chapter 11 bankruptcy petitions in

Wilmington, Del. They cited a Hawaii Supreme Court ruling in March that struck down

a state law permitting the company to operate before completing an environmental

impact statement.

 

Tom Fargo, Hawaii Superferry's president and chief executive officer, said

in a statement at the time that completing an environmental impact statement could

take a year. As a result of the decision, ferry service was immediately shut down

and the company's two high-speed ferries docked in Mobile, Alabama.

 

The company, which reported more than $100 million in assets and debts in its

bankruptcy petition, said it will use the bankruptcy to close its business completely

and liquidate the operation.  Hawaii Superferry was formed in 2002 to provide

high-speed ferry service among the four main Hawaiian islands of Oahu, Maui,

Hawaii and Kauai. The company began carrying passengers in August 2007 on

the Alakai, an aluminum-hulled catamaran that carried as many as 866 people and

282 cars, according to court papers in the bankruptcy case.

 

The law struck down by the Hawaii Supreme Court was enacted in November 2007

to permit the ferry to keep operating despite a series of successful state court legal

challenges, Hawaii Superferry said in a court filing. The high court ruled that the

law was intended specifically to benefit the company, in violation of the state constitution.

 

In addition to the court decision, Hawaii Superferry said its business was hurt by

a decline in tourism, a 2008 increase in fuel prices and a price war between airlines

that provided inter-island service in Hawaii.

--
John Tyler, owner.
www.happyswimmers.com for swim lessons an private lifeguard services for pool parties

Learn CPR fun and easy for your family: Click to watch our informative 3 min intro video: why is CPR so vitally important?
http://www.youtube.com/watch?v=Fban7dx-AUM

POSITIVE QUOTES OF THE DAY
In every person who comes near you look for what is good and strong; honor that; try to imitate it, and your faults will drop off like dead leaves when their time comes.
John Ruskin (1819-1900) English Art Critic
-----------------------------
Practice thinking about as many people as you can:  "I love you, and want the best for you." and watch tensions dissolve, and all relationships blossom new gifts.

SUPERFERRY CASE:: "IT IS HEREBY ORDERED that the motion for reconsideration is DENIED"

---------- Forwarded message ----------
From: Dick Mayer <dickmayer@earthlink.net>
Date: Wed, May 13, 2009 at 6:10 PM
Subject: SUPERFERRY CASE:: "IT IS HEREBY ORDERED that the motion for reconsideration is DENIED"
To: Dick Mayer <dickmayer@earthlink.net>

The Supreme Court has denied the Department of Transportation's motion

and the request by the legislature to reconsider their earlier decision that

ACT 2 was unconstitutional.  The original decision stands.

---

 

----- Original Message -----

From: Brad Parsons

Sent: Wednesday, May 13, 2009 4:50 PM

Subject: "IT IS HEREBY ORDERED that the motion for reconsideration is DENIED"

Wednesday, May 13, 2009

"IT IS HEREBY ORDERED that the motion for reconsideration is DENIED"

Here is the Decision on the Motion for Reconsideration:
http://www.state.hi.us/jud/opinions/sct/2009/29035recond.pdf

Here is the Order of Amendment on the original Opinion of March 16, 2009: http://www.state.hi.us/jud/opinions/sct/2009/29035am.pdf

Here is the Amended Opinion of the Majority of the Court from March 16, 2009: http://www.state.hi.us/jud/opinions/sct/2009/29035opam.pdf

Here is the Concurring and Dissenting Opinion of the minority from March 16, 2009:
http://www.state.hi.us/jud/opinions/sct/2009/29035conam.pdf

You can read them all or just read the title here to get the point. This is done...for now.

--
John Tyler, owner.
www.happyswimmers.com for swim lessons an private lifeguard services for pool parties

Learn CPR fun and easy for your family: Click to watch our informative 3 min intro video: why is CPR so vitally important?
http://www.youtube.com/watch?v=Fban7dx-AUM

POSITIVE QUOTES OF THE DAY
In every person who comes near you look for what is good and strong; honor that; try to imitate it, and your faults will drop off like dead leaves when their time comes.
John Ruskin (1819-1900) English Art Critic
-----------------------------
Practice thinking about as many people as you can:  "I love you, and want the best for you." and watch tensions dissolve, and all relationships blossom new gifts.

EIS Study ordered as ferry ends

Study ordered as ferry ends Under stricter law, state seeks environmental review for future use Photo gallery: Hawaii Superferry's Alakai Read comments (17) Recommend (1) Print this page E-mail this article Share Del.icio.us Facebook Digg Reddit Newsvine Buzz up! Twitter By Derrick DePledge and Christie Wilson Advertiser Staff Writers The state Department of Transportation plans to complete an environmental impact statement for Hawaii Superferry, laying an important plank in the legal groundwork if Superferry chooses to resume operations in the Islands. Thomas Fargo, Superferry's president and chief executive officer, said yesterday that Superferry is looking for commercial and military charter options for the Alakai and a second catamaran after a state Supreme Court ruling on Monday led the company to cease operations. The Alakai made its last scheduled round trip between O'ahu and Maui yesterday, where passengers and employees, including many who will be laid off today, expressed sadness and anger about the shutdown. Fargo said Superferry would retain its company name and a minimum staff to maintain operations in Hawai'i. He left open the possibility the Alakai could again run between the Islands, but said the company has no option but to look elsewhere. "The problem before us today is there appears to be no short-term solution to this ruling," Fargo said at an early morning news conference at Honolulu Harbor's Pier 19. "To conduct another EIS (environmental impact statement), even with the work done to date, and move it through the legal review that it would have to go through, might take a year or so. And other options don't provide the certainty that's necessary to sustain a business. "As a result, we're going to have to go out and find other employment for Alakai, for now. Obviously, this is not even close to our preferred and desired outcome. We have believed from the very start, and continue to believe, that there's a clear and unmet need for an interisland high-speed ferry system for this state. "My hope, our hope, is that the conditions will eventually be such that we can realize that vision here in Hawai'i." Brennon Morioka, the director of the state Department of Transportation, said state contractor Belt Collins has completed most of the work on the $1.5 million environmental review ordered by the law the court struck down. The department will essentially start the process over under the procedural framework of state's more stringent environmental review law, known as Chapter 343, but hopes to transfer the bulk of the work already performed into the new document. Morioka said a completed environmental review could be used by Superferry or any other ferry company interested in the Islands. "All of the information and all of the studies we have done to this point are all still valid," he said. Backlash feared Robert Harris, director of the Sierra Club Hawai'i chapter, one of three environmental groups that brought the legal challenge against Superferry, said his group would likely not object to the state salvaging some of the environmental work on Superferry. Harris said a bigger concern, however, was whether some of the anger over Superferry will lead some to want to dismantle the state's environmental review law. He said it was the decisions by the state and Superferry, and not the environmental review process, that was the problem. "The DOT and Superferry were told to do an EIS, and if they had done that, we would not have had this situation," he said. Fargo, in his first public comments since the court ruling, described it as "a terrible decision" but said the company accepts that it is the law. Under questioning from reporters in Honolulu and Maui, Fargo would not address whether Superferry would repay the state for $40 million in harbor improvements other than to say that the payments were based on fees generated by ferry service. Superferry has paid the state about $2.5 million in fees and taxes since it has been in operation. Fargo would also not discuss the extent of the company's financial losses or the possibility Superferry might file a lawsuit against the state. He said Superferry proved, after a year in service, that it took adequate steps to protect the environment. He said the ferry was popular with locals and small businesses and was beginning to tap into the tourist market. Fargo said the company was expecting delivery of a second $95 million ferry soon from shipbuilder Austal USA of Mobile, Ala., and met Wednesday with officials from Virtru Ferries about leasing the second vessel. Virtu operates high-speed ferries between Malta and Sicily in the Mediterranean. The second ferry was to have started service to Kawaihae early this year, but the company announced in September that it would delay the start of Big Island operations by a year in response to slower demand and the economic recession. Fargo, after mentioning that the military might want to lease the Alakai, addressed speculation by some activists who have opposed the project that Superferry was designed from the start as a military operation. "That's absolutely not true," said Fargo, a former Navy admiral. "We certainly wouldn't have gone to the trouble to paint Alakai in the manner that we did, to appoint her with 836 first-class seats, to spend the huge sums of money that we did to establish service here in Hawai'i if that was our goal. "The goal that's unmistakable was to provide regular and reliable commercial ferry service in these Islands." Early Superferry executives — and main investor John F. Lehman, a former Navy secretary — had praised the ferry's military utility in initial discussions with the state, including the possibility the ferry could be used to transport the Army's Stryker brigade between O'ahu and the Big Island. The second vessel was outfitted with a vehicle ramp that could make it more useful to the military. REvisiting the ruling Gov. Linda Lingle and state House and Senate leaders have said they would ask the state Supreme Court to reconsider aspects of its ruling. The court found that the Superferry was special legislation written for a single company. The governor and lawmakers are concerned, among other things, that the ruling will unduly restrict the Legislature's power. Fargo spoke to reporters in Honolulu in the morning and then flew to Maui to join company vice chairman John Garibaldi and others for the final voyage. With three blasts from its horn, the Alakai pulled away from Pier 2C at Kahului Harbor just after 11 a.m. for the return leg home. As the 350-foot, high-speed vessel maneuvered toward the harbor entrance, passengers and employees crowded the outer decks and waved aloha while a tugboat sprayed water into the air in a traditional maritime tribute. The Alakai sailed from Ho- nolulu to Maui with 290 passengers and 84 vehicles aboard, including many employees. The return trip carried 398 passengers and 126 vehicles. The vessel is capable of carrying 836 people and 230 autos. Tracy Knight of Makiki and her family had to cut short a weeklong Maui vacation to catch the ferry back to Honolulu with their two cars. They had arrived Sunday on the Alakai. "We loved it. We were really bummed. It's very sad. I hope they don't leave for good," said Knight, 34, who works for a liquor distributor. "They were very conscious of the whales on the way over, and everyone really enjoyed it." Father-and-son classic car owners Butch Meyer, 65, of 'Ewa Beach, and Duane Meyer, 38, of Ha'iku, Maui, were taking their prized vehicles to Honolulu on the ferry. The elder Meyer's 1932 Ford sedan was refurbished on Maui, although the work was not quite finished before he had to catch the last ferry. "I hate that it shut down. I love the ferry. It's one of the best things for us," he said, referring to car enthusiasts. Duane Meyer, who owns a towing company, said he used the ferry on a regular basis to transport his souped-up 1965 Ford Mustang to car shows. He said he would have to ship the Mustang back to Maui on a Young Brothers barge at four times the cost of using Superferry. "This is stupid. They should let the people decide and not some stupid judges," he said. Holding tears back while directing cars into the vehicle check-in area at Kahului Harbor, port utility operator Corrine Dutro-Ponce planned to join co-workers on the Alakai for the final sailing. "It's like a death," she said. Dutro-Ponce joined the Superferry in its early days in July 2007 and lived through the ups and downs of a legal battle that ended with Monday's ruling. "It was hard, but we stuck it out and we always had hope we would survive, and we still have hope that it will start again," she said. Dutro-Ponce was uncertain about her job prospects. "I'll have to fight for a job like everyone else," she said. Reach Derrick DePledge at ddepledge@honoluluadvertiser.com and Christie Wilson at cwilson@honoluluadvertiser.com. In your voice Read reactions to this story Newest first Oldest first LeftMyHome wrote: punatiki, get your facts straight. Matson barges are towed at about 8 knots and Alakai tops out at about 37. By my math, if Alakai went 10x faster they would go 80knots, which is about what a Nimitz class carrier and Navy subs can do. Not to mention that the hydroplane ferry service in 70's never had issues with whales and they traveled up to 40knots. Invasive species is a bogus argument, cars on barges and cruise ships pose the same risks from tire tread and ballast water but no one makes a stink about them. since the ferry traveled at speeds up to 10 times faster than the Matson barges and offered a much easier vector for inter island invasive species. 03/20/2009 7:45:10 a.m. punatiki, get your facts straight. Matson barges are towed at about 8 knots and Alakai tops out at about 37. By my math, if Alakai went 10x faster they would go 80knots, which is about what a Nimitz class carrier and Navy subs can do. Not to mention that the hydroplane ferry service in 70's never had issues with whales and they traveled up to 40knots. Invasive species is a bogus argument, cars on barges and cruise ships pose the same risks from tire tread and ballast water but no one makes a stink about them. <br /><br />since the ferry traveled at speeds up to 10 times faster than the Matson barges and offered a much easier vector for inter island invasive species. LeftMyHome Recommend New post Reply to this Post Report Abuse punatiki wrote: The court ruling just proves political muscle does not trump the Law. The SF may have had the permission of Lingle, but the ENTIRE government is comprised of 3 branches - each having checks and balances on EACH other. Anyone thinking the court should NOT rule on the Law needs a refresher course in civics. Before the ship was even built the SF management was TOLD they would be sued if they proceeded without an environmental statement. A statement was required since the ferry traveled at speeds up to 10 times faster than the Matson barges and offered a much easier vector for inter island invasive species. They ignored it and hid inside Lingle's skirts. To me at least the management is to blame for the lost jobs. I was bought up to obey the Law, and the Law has spoken. Act 2 was illegal. The concept of the SF is a great grand idea, shoved down our throats by politics, which eventually blew up in their own faces. Too bad, Hawaiian Power Politics rears its ugly head again. 03/20/2009 7:30:14 a.m. The court ruling just proves political muscle does not trump the Law. The SF may have had the permission of Lingle, but the ENTIRE government is comprised of 3 branches - each having checks and balances on EACH other. Anyone thinking the court should NOT rule on the Law needs a refresher course in civics.<br /><br />Before the ship was even built the SF management was TOLD they would be sued if they proceeded without an environmental statement. A statement was required since the ferry traveled at speeds up to 10 times faster than the Matson barges and offered a much easier vector for inter island invasive species. They ignored it and hid inside Lingle's skirts. To me at least the management is to blame for the lost jobs.<br /><br /> I was bought up to obey the Law, and the Law has spoken. Act 2 was illegal.<br /><br />The concept of the SF is a great grand idea, shoved down our throats by politics, which eventually blew up in their own faces.<br /><br />Too bad, Hawaiian Power Politics rears its ugly head again.<br /><br /> punatiki Recommend (1) New post Reply to this Post Report Abuse HIBusinessBoy wrote: The government made poor judgement. The worst of it is they let some small local non profit push them around. Instead of fighting back and keeping them at a distance this showed our state that our government and Lingle are week and don't know how to fight back. This so called decision the supreme court made could affect old and new laws about doing business in hawaii is just a smoke screen. The bottome line is the enviornmentalist picked on a fresh entity in hawaii and won. If the super ferry was that important to the economy and the people of hawaii the government would have fought harder. They took for granted that Act 2 would do it but they kept picking away at it in court till they got what they wanted to hear and here we are. 03/20/2009 7:29:06 a.m. The government made poor judgement. The worst of it is they let some small local non profit push them around. Instead of fighting back and keeping them at a distance this showed our state that our government and Lingle are week and don't know how to fight back.<br /><br />This so called decision the supreme court made could affect old and new laws about doing business in hawaii is just a smoke screen. The bottome line is the enviornmentalist picked on a fresh entity in hawaii and won. If the super ferry was that important to the economy and the people of hawaii the government would have fought harder. They took for granted that Act 2 would do it but they kept picking away at it in court till they got what they wanted to hear and here we are. HIBusinessBoy Recommend New post Reply to this Post Report Abuse LeftMyHome wrote: This is truly sad for Hawaii but I would expect nothing less from a state that caters to a small, uneducated, vocal minority. I was born and raised in Honolulu but move to California a few years ago to get away from stuff like this. What most people don't realize is that Matson, NCL and the Navy cruise along at almost the same speed if not greater (Navy battle groups) than that of Alakai so speed is just a cover up. The real reason is that these groups are more interested in never having any progress or economic growth in the state because they are scared little cockroachs who never want change! Well it looks like they get it, not to mention sending the state even further into the financial toilet. I hate to say it but I don't think I will ever move back home, which I love and miss dearly. I hope for the future of the state, that the citizens can vote in some strong politicians. BTW the most vocal activist on Kauai is retired LAPD who was asked to retire early, sounds local to me. 03/20/2009 7:28:08 a.m. This is truly sad for Hawaii but I would expect nothing less from a state that caters to a small, uneducated, vocal minority. I was born and raised in Honolulu but move to California a few years ago to get away from stuff like this. What most people don't realize is that Matson, NCL and the Navy cruise along at almost the same speed if not greater (Navy battle groups) than that of Alakai so speed is just a cover up. The real reason is that these groups are more interested in never having any progress or economic growth in the state because they are scared little cockroachs who never want change! Well it looks like they get it, not to mention sending the state even further into the financial toilet. I hate to say it but I don't think I will ever move back home, which I love and miss dearly. I hope for the future of the state, that the citizens can vote in some strong politicians. BTW the most vocal activist on Kauai is retired LAPD who was asked to retire early, sounds local to me. LeftMyHome Recommend New post Reply to this Post Report Abuse haynboy wrote: All this confirms to me is that JUDGES and our Judicial System is keeping an eye out for the INTEREST of the RICH and POWERFUL! Easy to stop the FERRY just as it is setting a killer free!(giving killers weak sentences) 03/20/2009 7:27:57 a.m. All this confirms to me is that JUDGES and our Judicial System is keeping an eye out for the INTEREST of the RICH and POWERFUL!<br /><br />Easy to stop the FERRY just as it is setting a killer free!(giving killers weak sentences) haynboy Recommend New post Reply to this Post Report Abuse 1 2 3 4 >> Last Full page view See more comments per page and quote other replies You must be logged in to leave a comment. Login | Register 1000 characters left {staffMark} {authorIcon} {authorHandle} wrote: {commentBody} {commentTimestamp} {commentBody} {authorNameHandle} {recommendLink} {newpostLink} {replylink} {reportAbuseLink} Report item as: (required) X Obscenity/vulgarity Hate speech Personal attack Advertising/Spam Copyright/Plagiarism Other Comment: (optional) Missing input fields. You must fill out the comment body in order to submit a comment. Comment too long. The comment you have entered is too long. Please limit your post to {maxchars} characters or less.

Print this page E-mail this article Share Del.icio.us Facebook Digg Reddit Newsvine Buzz up! Twitter The Hawaii Superferry Alakai sailed to its berth in Honolulu Harbor yesterday on its last scheduled trip. BRUCE ASATO | The Honolulu Advertiser SUPERFERRY FACTS • The Alakai is a 350-foot, high-speed catamaran, capable of carrying 836 people and 230 autos. • Superferry had 236 employees; most will be laid off today. • From April, when Superferry had it first full month of operation, through the end of 2008, it carried 207,000 passengers and 60,000 vehicles. RECENT ALAKAI BOARDINGS November: 18,890 passengers, 5,100 autos and 621 commercial vehicles December: 16,590 passengers, 4,868 autos and 586 commercial vehicles January: 13,312 passengers, 3,718 autos and 622 commercial vehicles Source: Hawaii Superferry Ferry passengers Lionel Toro of 'Ewa Beach and his family members disembark after the final trip from Maui to O'ahu. Joining Toro were his nieces, from left, Jamee Toro, Shayna Toro and Kaimanalani Hopfe, and behind them was his stepsister, Maria Hopfe. They made the trip yesterday to support family members who worked for the Superferry. BRUCE ASATO | The Honolulu Advertiser The Hawaii Superferry's chief executive said there's a possibility that the military might lease Alakai. REBECCA BREYER | The Honolulu Advertiser Two of the ship's crew prepare for arrival in Honolulu. It was the last day of work for most employe BRUCE ASATO | The Honolulu Advertiser Ship officers monitor the Alakai's approach as the vessel inches up to its berth at Honolulu Harbor. BRUCE ASATO | The Honolulu Advertiser More News headlines Sisters visit 'Ewa memorial   Read comments (7) Hokule'a reaches Palmyra   Read comments (1) Ploeger appointed Chaminade president   Post a comment Hawaii economy likely to be rough for at least 2 more years   Read comments (15) Bankrupt Hawaiian Telcom plans to pay $6M in worker bonuses   Read comments (26) Related news from the Web Travel Hawaii Travel Small Business Personal Finance Powered by Topix.net

Superferry To Announce Future Thursday morning 6:30am

---------- Forwarded message ----------
From: Dick Mayer <dickmayer@earthlink.net>
Date: Wed, Mar 18, 2009 at 6:45 PM
Subject: Superferry To Announce Future Thursday morning 6:30am
To: Dick Mayer <dickmayer@earthlink.net>

http://www.kitv.com/money/18963282/detail.html

Superferry To Announce Future

Thursday  (Live on TV - 6:30am)

Options Include Leaving, Waiting, Supreme Court Reconsideration

 

HONOLULU -- The Hawaii Superferry will hold a news conference on Thursday morning to announce it future plans.

Island Television News This Morning will carry that news conference live from Pier 19.

Possible options for the Superferry include packing up and getting out of Hawaii for good, wait the months it would take to complete a new environmental review in hopes of resuming service here, or seeking reconsideration by the state Supreme Court.

 

The governor said she hopes the Supreme Court will take another look at it's ruling that the law was unconstitutional to allowed the Superferry to operate while completing its environmental review.

"The Legislature is looking at perhaps requesting a reconsideration along with us. Ask the Supreme Court to take another look at this beyond the Superferry issue. There are larger implications from the decision," Lingle said.

The governor said the Supreme Court decision is too broad because it said the Legislature can never do anything to favor one group over another but that is what lawmakers do every day.

Superferry makes its last round trip for now to Maui to return stranded vehicles and customers to their homeports on Thursday.

Copyright 2009 by KITV.com All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

--
John Tyler, owner.
Toll free 866-530-4117

For CPR training at your home:
www.alohacpr.com

Click to watch our informative 3 min intro video: why is CPR so vitally important?
http://www.youtube.com/watch?v=Fban7dx-AUM

For our swim school and private lifeguard services:
www.happyswimmers.com

Serving California, Arizona, and Hawai'i Founded  in 1991

POSITIVE QUOTES OF THE DAY
-----------------------------

In every person who comes near you look for what is good and strong; honor that; try to imitate it, and your faults will drop off like dead leaves when their time comes.
John Ruskin (1819-1900) English Art Critic
-----------------------------

Practice thinking about as many people as you can:  "I love you, and want the best for you." and watch tensions dissolve, and all relationships blossom new gifts.

BREAKING NEWS — Superferry Draft EIS finds significant impacts

By Coco Zickos

Published: Thursday, January 8, 2009 2:22 PM HST

After many months of waiting, the Draft Environmental Impact Statement was made available to the public today, revealing many impacts the Superferry could have on the four main Hawaiian islands if operation were to continue.

The EIS assesses the direct impacts the ferry could have to the islands caused by new construction needed to support a large-capacity ferry vessel, and indirect impacts, such as affects on Hawaiian waters and cultural practices.

The report declares that the cumulative effects of the Superferry would significantly and adversely affect traffic within the vicinity of Nawiliwili, Kahului, Kawaihae and Honolulu Harbors. The large-vessel ferry could potentially impact the number of endangered humpback whales, the dispersal of inter-island invasive species and the traditional cultural practices conducted on the islands, the EIS said.

The comprehensive report declares that cultural activities within the vicinity of West Harbor in Kahului would significantly and adversely be impacted due to "new harbor improvements." New pier construction at Kawaihae Harbor would also result in significant and adverse impacts, including those to nearby Pu'ukohola Heiau National Historic Park, obstructing views and affecting not only the rock walls of the heiau, but ceremonial activities as well, due to noise and construction.

Indirect impacts noted in the report include activities such as fishing, surfing and diving, including the potential loss of natural resources as stated in the cultural impact analyses.

The only reportedly beneficial impact reviewed in the environmental draft is that the large-capacity ferry vessel would provide to all harbors a "superior" mode of transportation for disaster planning and emergency response. The statement concludes that the vessel would increase the capabilities and response times of first responders and relief efforts.

To view the EIS in its entirety and to leave comment, visit the Department of Transportation's Web site, hawaii.gov/dot/harbors

For full coverage of the Draft EIS, see Friday's edition of The Garden Island.

ABCNEWS.com: The Mission: Send 1,000 Love Letters to Complete Strangers

I found this special news story on ABC News.com and thought you'd enjoy reading about it and the intention behind it.  It's pay it forward in action, and is inspiring to me.

Aloha,
John

Subject: ABCNEWS.com: The Mission: Send 1,000 Love Letters to Complete Strangers


http://abcnews.go.com/US/story?id=6542201&page=1

--
John Tyler, owner.
Toll free 866-530-4117

For CPR training at your home:
www.jtacpr.com

For our swim school and private lifeguard services:
www.happyswimmers.com

Serving California, Arizona, and Hawai'i Founded  in 1991

POSITIVE QUOTE OF THE DAY
-----------------------------
Dwight L. Moody - "I have had more trouble with myself than with any other man I've met."

-----------------------------

Every man stamps his value on himself... man is made great or small
by his own will.

-- J.C.F. von Schiller

The person who says it cannot be done should not interrupt the person doing it.

-- Chinese proverb

Superferry's interisland service depends on court ruling

HONOLULU ADVERTISER     Tuesday, December 9, 2008

http://www.honoluluadvertiser.com/article/20081209/NEWS09/812090362/1001/LOCALNEWSFRONT

---

Hawaii Superferry's interisland

service depends on court ruling

Service may be halted if high court rules against law that let ship operate

By Derrick DePledge
Advertiser Government Writer

The state Supreme Court, whose ruling last year led to a three-month shutdown of Hawaii Superferry, will decide whether the interisland service can continue in a new case to be heard next week.

The court will decide whether Gov. Linda Lingle and the Legislature violated the state Constitution last year with a new law that allowed Superferry to resume operation while an environmental review of the project is completed.

A ruling could have an immediate impact on whether Superferry can operate between O'ahu and Maui. It could also influence the separation of powers among the governor, the Legislature and the courts.

The Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition, the nonprofit groups that brought the legal challenge that temporarily stopped Superferry last year, have asked the court to declare the new law unconstitutional.

Arguments before the court are scheduled for Dec. 18.

The Supreme Court ruled in August 2007 that the state should not have exempted the Superferry project from an environmental assessment. A Maui court subsequently halted ferry service to Kahului Harbor, while public protests kept the ferry from returning to Kaua'i.

Lingle called a special session of the Legislature, where lawmakers passed a bill that allowed the ferry to resume operation under conditions designed to protect the environment while an environmental impact statement is prepared. Lingle signed the bill into law, and the Maui court allowed the ferry to return to Kahului Harbor.

Many political observers thought the legal challenges were largely over, but the court's willingness to hear the appeal so soon raises the possibility that Superferry may again be stopped.

"This case is now a case of even greater public importance," Isaac Hall, the Wailuku attorney representing the environmental groups, said in court filings.

violations alleged

Hall's main arguments are that the new law violates two parts of the Constitution: Article I, Section 21, which bars the state from making any irrevocable grants of special privileges; and Article XI, Section 5, which says the Legislature can only exercise power over state lands through general laws.

The constitutional restriction on special privileges, according to the Legislative Reference Bureau, is meant to ensure the state acts on behalf of all people and not for the sake of the elite. The provision limiting the Legislature's power to general laws over state lands is designed to prevent sweetheart land deals for private interests.

Lawmakers, mindful of the constitutional restrictions, were careful not to mention Superferry by name in the new law, and instead described a "large capacity ferry vessel."

But Hall argues that the new law was "conceived, cut and tailored" solely for Superferry, a special law that gave Superferry access through an operating agreement to state land at Kahului and other harbors.

Hall also argues that the new law deprives the environmental groups of a vested right, given by the Supreme Court's ruling last year, for an environmental assessment under the state's environmental review law. The new law removed the large-capacity ferry vessel from under the state's environmental review law and created a similar — although not identical — process to conduct an environmental impact statement by next summer.

Hall argues that the new law "amounts to a legislative and executive revision of judicial decisions."

Lawmakers were guided when drafting the new law by the 1992 U.S. Supreme Court ruling in Robertson v. Seattle Audubon Society. The ruling found that it was not unconstitutional for Congress to change timber harvesting rules in federally managed forests in response to legal challenges by environmentalists, who had argued that the old rules threatened endangered northern spotted owls.

The ruling found that Congress did not direct results in the legal challenges under the old law, but instead replaced the legal standards with new provisions.

Lawmakers in Hawai'i essentially did the same thing with Superferry.

                      State lawyer counters

Dorothy Sellers, the state solicitor general, argues in the state's legal briefs that the governor and lawmakers acted within their authority to create new public policy.

Sellers said the new law is not an irrevocable grant of special privileges for a ferry company because it expires when the environmental impact statement is accepted by the state or, at the latest, by next summer.

The new law is not a special law involving legislative power over state lands, Sellers argues, because the operating agreement is between an executive-branch agency — the state Department of Transportation — and a ferry company. The ferry company also does not have an exclusive right under the agreement and must share state harbors with other users.

Sellers said Hawai'i courts have not addressed the meaning of general law as it applies to Article XI of the Constitution, but the Supreme Court has upheld a legislative act designed to respond to a singular circumstance. In Bulgo v. County of Maui in 1967, the court found that it was constitutional for the Legislature to pass a law tailored for Maui calling for a special election to replace the chairman of the board of supervisors, who had died shortly after re-election and had not begun his new term.

Sellers also argued that the environmental groups have no vested right to an environmental assessment for Superferry under the state's environmental review law because the August 2007 Supreme Court decision was not the final judgment in the case.

The appeal, Sellers said, is "an assault on the inherent, essential power of the Legislature to speak for the people and to revise the public policies of the state as the Legislature determines necessary."

Last year, lawmakers were not enthusiastic about returning in special session to help Superferry but agreed because of the potential benefits of interisland ferry service. Lawmakers found that the ferry was an alternative mode of transportation that could help move people and cargo between the islands and could be an asset in disaster relief.

State Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), said she believes the Legislature acted properly. She wishes, however, that the state House, Lingle and Superferry had agreed with the Senate and supported an environmental review of the project before the court ruled that such a review was required.

Hanabusa predicted that justices would decide the appeal based on an Article XI test of whether the new law is general or special.

              'a major problem'

If the court were to issue a broad ruling limiting the Legislature's power, Hanabusa said, lawmakers may have to consider asking voters to amend the Constitution.

In 2006, for example, voters approved a constitutional amendment that allowed the Legislature to define what constitutes the continuous sexual abuse of a minor under 14. The court had ruled that a law defining continuous sexual abuse was a violation of the right to due process because jurors were not instructed that they had to be unanimous about which specific acts amounted to continuous abuse.

"If the Supreme Court comes back and says that we don't have the right to make exceptions to the law, for whatever reason, then we're going to have a major problem," Hanabusa said.

Irene Bowie, the executive director of Maui Tomorrow, said the environmental groups deserve a real environmental assessment of Superferry, not what their attorney has described as a "pseudo-process that falls far short" of the state's environmental law.

"I think that this has been an illegitimate process. I don't think there's any real results that we'll come away with on this," Bowie said of the new law. "We would absolutely like to see this done over again in the proper way."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.

--
John Tyler, owner.
Toll free 866-530-4117

For CPR training at your home:
www.jtacpr.com

For our swim school and private lifeguard services:
www.happyswimmers.com

Serving California, Arizona, and Hawai'i Founded  in 1991

POSITIVE QUOTE OF THE DAY
-----------------------------

The person who says it cannot be done should not interrupt the person doing it.

-- Chinese proverb

The New Book, Fargo on the Big Island, and Confronting Act 2

The New Book, Fargo on the Big Island, and Confronting Act 2

There is a lot going on right now:

1.) The book on this is catching fire. There have been some interesting phone conversations and e-mail's exchanging hands between the islands about the book.

2.) Fargo went to speak to the Kawaihae community on Sunday. They were expecting him there for at least a couple of hours. He started getting peppered with difficult questions, like about DU, so he got short and left after only an hour before a number of people in the small audience could ask their questions. The flaming about this in e-mails from those in attendance is noteworthy. Why would a person take a time consuming round-trip to go over their from Oahu and then only stay for an hour? Here is the only article on the event: "Superferry Update; Questions remain unanswered at Kawaihae meeting."

3.) HSF announced yesterday they are offering 2 for 1 deals but only to military personnel. I wasn't even going to recognize this story, but others have, so I'll just say ridership must be low. Otherwise, the preference doesn't surprise me.

4.) Lastly Joan Conrow has a fairly decent blog entry today on word about the new book, Superferry Chronicles. I found the comments to her blog entry to be especially enlightening. One or two of the comments there clarify the size of the crowd at Nawiliwili Harbor in August 2007; it was somewhere between 1000 and 1500. Those comments also clarify the filled and overflowing auditorium at the beginning of the event when the Governor's Unified Command came to speak in Sept. 2007.

But what I found especially interesting was that one of the anonymous commentors asks if people have read what Ken Stokes has written on the issue? Surprisingly, I had not, so I looked it up. I was surprised with what I found. This is important because it relates to a similar type of evaluation that could be used by others with an influenced Act 2 EIS. Here are my responses to Ken's 2006 post on this subject:

"...Well, we'll take it in order:

1. Claim- "Ironically, concerns about the energy efficiency of inter-island transport have only recently entered the debate amid claims these boats would actually generate more emissions than inter-island jets, though the available data (see below) suggest the opposite is true."

Response- HSF burns 15 times more petroleum based fuel to cover the same route than an Hawaiian Air jet. Even if you brought the maximum number of people transported to the same for each, a jet airplane is at least twice as efficient as HSF using no more than 1/2 the fuel that HSF takes to transport the same number of people the same distance. This is mainly so because the boat has 4 diesel engines moving through more water resistance and these planes have 2 jet engines moving through less resistant air. One could question whether one pollutes the air more than the sea and vis-a-versa, but I would think the petroleum carbon is released into the environment nevertheless. From an economic standpoint, a jet plane is much more efficient than HSF, assuming there is not really the need to move cars quickly interisland.

2. Claim- About the traffic, and "300 vehicles" split evenly going north and south.

Response- A key point here is that they don't all come and go in one day. They accumulate over a number of days in the beginning, as people are here for a number of days, weeks; ie. visitors and construction workers. The accumulated daily average total, assuming uninterrupted service, would amount to more like 1000 to 2000 additional cars on the island. These roads, esp. between Wailua and Kealia, cannot handle that kind of influx.

3. Claim- As for "the added risk and impact" of invasive species "must be fairly small."

Response- Well, first of all, we don't know, and certainly an economist would not know. Maybe a biologist or a DOA or DLNR officier might have a better idea on that. What we do know is that Kauai does not have the size of invasives populations that Oahu and the Big Island, and that even Maui have. Those would include the mongoose, fire ants, varroa mites, and coqui frogs, among others. All of those have been spreading between the other islands, but not to Kauai, except for the coqui in small numbers.

Just one example I'll mention. The Nene geese are well established on Kauai, at least on the Northshore. I see and hear them on the land and at low altitude all the time. That is not the case on the other islands. THIS IS the beautiful state bird. If the mongoose gets established here, you can kiss the Nene and other egg-laying endangered native species goodbye.

4. Claim- "And, regarding threats to whales...the Superferry's "mitigation" responses to these challenges probably makes this boat less of a threat than the hundreds of "whale watch" tour boats...Again, there is some risk here, yet probably not large."

Response- "Less of a threat" how so? When whale watch boats have infrequently had accidental collisions with whales, they almost never result in the whale's death, as the whale watch boats are relatively small and moving slowly. Inertia, mass and velocity, are what determine the threat of fatal collisions between boats and whales as has been documented about every couple of months in places like the Canary Islands. So far, the ferry here has not operated consistently or at all in Jan., Feb., or Mar. last season. It remains to be seen what its track record will be operating daily during the height of the whales season here, assuming it can handle the Winter sea conditions and not run into other mechanical problems again as it did last Winter.

5. Claim- "Conceivably, the ferries could be a win-win…As in: keep the travel AND cut the [CO2] emissions."

Response- It's not a win for the company, because they have not and probably never will actually cover all of their costs, much less the significant costs they have been able to formally externalize to the State. As for less CO2 emissions, I am not convinced that burning 400 gallons of jet fuel releases more CO2 to the environment than burning 6000 gallons of diesel fuel to cover the same route.


Aloha, Brad

---

Stay up to date on your PC, the Web, and your mobile phone with Windows Live Click here

--
John Tyler, owner.
Toll free 866-530-4117

For CPR training at your home:
www.jtacpr.com

For our swim school and private lifeguard services:
www.happyswimmers.com

Serving California, Arizona, and Hawai'i Founded  in 1991

POSITIVE QUOTE OF THE DAY
-----------------------------

The person who says it cannot be done should not interrupt the person doing it.

-- Chinese proverb