Firm News
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.
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