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Standing on Board the Superferry: Sierra Club v. Hawai‘i Department of Transportation by GAQS Partner Lisa Bail

May 8, 2008

Standing on Board the Superferry: Sierra Club v. Hawai‘i Department of Transportation by GAQS Partner Lisa Bail
by Lisa Bail, Esq., American Bar Association Newsletter, Vol. 3, No. 2 May 2008

Introduction

In Sierra Club v. State of Hawai‘i Department of Transportation, 167 P.3d 292 (Haw. 2007), the Hawai‘i Supreme Court ruled not only that Sierra Club and other plaintiffs had standing to pursue their claims under the Hawai‘i Environmental Policy Act, Chapter 343 of the Hawai‘i Revised Statutes (Hawai‘i EIS Law), but also invalidated an exemption determination made by the State of Hawai‘i Department of Transportation (DOT) for improvements necessary to accommodate Hawai‘i Superferry at Kahului Harbor. The decision, which received international media coverage, is notable for significantly expanding the category of persons who have standing to pursue claims under the Hawai‘i EIS Law.

© Copyright 2008. American Bar Association. All rights reserved. The views expressed herein have not been approved by the ABA House of Delegates or the Board of Governors and, accordingly should not be construed as representing the policy of the ABA. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.”

Permission to reprint article granted by the American Bar Association, 321 North Clark Street , Chicago, IL 60610.

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