Michael Lilly, former attorney general for the State of Hawaii, recently made an excellent suggestion in an article he published on Hawaii Reporter that offers an elegant solution to the Superferry problem. He points out that the law that requires the much contended EIS to be performed before the Superferry can be allowed to operate really shouldn't have to be performed in this situation based upon the original legislative intent.
"Hawai`i’s Environmental Protection Act requires an Environmental Impact
Statement (EIS) for major government actions that may have a
significant effect on the environment. The State correctly believed
that the minor work on a Maui pier for the Superferry was so
insignificant it did not require an EIS.
However, the State was blind-sided by the Hawai`i Supreme Court’s
August 31, 2007 decision extending the EIS requirements to
consideration of “secondary” or remote impacts." -Michael Lilly
The simple solution that Mr. Lilly suggests is for the legislature to pass a law clarifying that secondary effects of major government actions need not be considered when determining whether or not an EIS is in order before a particular action can be implemented.