NO. 29035



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 Hawaii; MAUI TOMORROW,
INC., a Hawaii non-profit corporation; and the KAHULUI
HARBOR COALITION, an unincorporated association,
Petitioners/Plaintiffs-Appellants/Cross-
Appellees/Appellees/Cross-Appellants,

vs.


THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF HAWAII;
BRENNON MORIOKA, in his capacity as Director of the DEPARTMENT OF
TRANSPORTATION OF THE STATE OF HAWAII; MICHAEL FORMBY, in his
capacity as Director of Harbors of the DEPARTMENT OF TRANSPORTATION OF
THE STATE OF HAWAII; HAWAII SUPERFERRY, INC.,
Respondents/Defendants-Appellees/Cross-
Appellants/Appellants/Cross-Appellees.




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




ORDER GRANTING AND ACCEPTING APPLICATION FOR TRANSFER
(By: Moon, C.J. for the court (1))

Upon consideration of the application for transfer filed on September 26, 2008, by petitioners/plaintiffs-appellants/cross-appellees Sierra Club, Maui Tomorrow, Inc., and Kahului Harbor Coalition, the papers in support and in opposition, and the record,

IT IS HEREBY ORDERED that the application for transfer is granted pursuant to HRS § 602-58(a)(1) (Supp. 2007) and accepted pursuant to HRS § 602-58(b)(1) (Supp. 2007). This case
is transferred to the supreme court effective the date of this order.

IT IS FURTHER ORDERED that the case will be scheduled for oral argument. The parties will be notified by the appellate clerk regarding scheduling.

DATED: Honolulu, Hawai‘i, October 14, 2008.



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