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; 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 HAWAII SUPERFERRY, INC.,
Defendants-Appellees





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

ORDER
(By: Duffy, J. for the court (1))

Upon consideration of the October 9, 2007 papers submitted by Lanny Alan Sinkin, seeking intervention in the above-captioned matter and clarification of the court's August 31, 2007 opinion, it appears that appellate jurisdiction terminated on October 3, 2007 upon entry of the Judgment on Appeal. Therefore,

IT IS HEREBY ORDERED that the October 9, 2007 papers are dismissed.

DATED: Honolulu, Hawai‘i, October 26, 2007.




1.      Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.