*** NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER ***


NO. 27407



IN THE SUPREME COURT OF THE STATE OF HAWAI`I



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


vs.



THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF
HAWAI`I; RODNEY HARAGA, in his capacity as Director of
the DEPARTMENT OF TRANSPORTATION OF THE STATE OF
HAWAI`I; BARRY FUKUNAGA, in his capacity as Director
of Harbors of the DEPARTMENT OF TRANSPORTATION OF
THE STATE OF HAWAI`I and HAWAI`I SUPERFERRY, INC.,
Defendants-Appellees


APPEAL FROM THE SECOND CIRCUIT COURT
(CIV. NO. 05-1-0114)




ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.)

Upon consideration of the appellate briefings, the record, and oral argument,

IT IS HEREBY ORDERED that the July 12, 2005 judgment of the circuit court of the second circuit in this case is reversed. The Hawai`i Department of Transportation's determination that the improvements to the Kahului Harbor, on the Island of Maui, are exempt from the requirements of Hawai`i Revised Statutes (HRS) chapter 343 (Supp. 2004) was erroneous as a matter of law, and we therefore instruct the circuit court to enter summary judgment in favor of Plaintiffs-Appellants the Sierra Club, Maui Tomorrow, Inc., and the Kahului Harbor Coalition on their claim as to the request for an environmental assessment. Flint v. MacKenzie, 53 Haw. 672, 673, 501 P.2d 357, 358 (1972).

IT IS FURTHER ORDERED that this case is remanded to the circuit court for such other and further disposition of any remaining claims as may be appropriate.

We retain concurrent jurisdiction to enter an opinion and judgment that will follow.

DATED: Honolulu, Hawai`i, August 23, 2007.