SIERRA CLUB v. DEPARTMENT OF TRANSP.

No. 27407.

167 P.3d 292 (2007)

The SIERRA CLUB, a California non-profit corporation registered to do business in the State of Hawai`i; Maui Tomorrow, Inc., a Hawai`i non-profit corporation; and the Kahului Harbor Coalition, an unincorporated association, Plaintiffs-Appellants v. The DEPARTMENT OF TRANSPORTATION of the State of Hawai`i; Barry Fukunaga, in his capacity as Director of the Department of Transportation of the State of Hawai`i; Michael Formby in his capacity as Deputy Director for Harbors of the Department of Transportation of the State of Hawai`i; and Hawai`i Superferry, Inc., Defendants-Appellees.

Supreme Court of Hawai`i.

As Corrected October 1, 2007.


Attorney(s) appearing for the Case

Isaac Hall, Wailuku, on the briefs, for plaintiffs-appellants The Sierra Club, Maui Tomorrow, Inc., and the Kahului Harbor Coalition.

William J. Wynhoff, Deputy Attorney General, on the briefs, for defendants-appellees The Department of Transportation of the State of Hawai`i; Barry Fukunaga, in his capacity as Director of the Department of Transportation of the State of Hawai`i; Michael Formby, in his capacity as Deputy Director for Harbors of the Department of Transportation of the State of Hawai`i.

Lisa Woods Munger, Lisa A. Bail, and Jill Murakami Baldemor (of Goodsill Anderson Quinn & Stifel), Honolulu, on the briefs, for defendant-appellee Hawai`i Superferry, Inc.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.


Opinion of the Court by DUFFY, J.

Plaintiffs-Appellants the Sierra Club, Maui Tomorrow, Inc., and the Kahului Harbor Coalition2 appeal from the July 12, 2005 final judgment of the circuit court of the second circuit,3 ruling in favor of Defendants-Appellees State of Hawai`i Department of Transportation (DOT or HDOT); Rodney Haraga, in his capacity as Director of DOT (substituted by Barry Fukunaga, see supra...

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