The EIS was never "overlooked" the first time, just akin to normal politics in Hawaii, they didn't pay off enough of the establishment to keep it here. The Legislature passed an exemption to the EIS requirement which superferry then used to fund, build and set up operation of the superferry, once they were in operation, the opponents of the superferry sued in state court saying that the legislature had established a specific law for the superferry and the state supreme court said that indeed the legislature can make specific laws for EIS requirements based on certain industries, but since the superferry was the only high speed ferry system, they benefited from that law too much. The legislature and governor tried a last ditch effort to save it, but the supreme court of hawaii had the last say and drove the superferry to Bankruptcy. The ferries have since been sold in BK court to the federal government who intends to run at least one of them between the islands for the benefit of transporting military personnel and equip to the big island training ranges.
Hawaii ruined a great internal tourism benefit with chasing the superferry out of town. Many of my friends and neighbors who would not or do not travel interisland due to expense, hassle of flying with a family, all used the superferry before it's court issue to travel to maui for a long weekend. Now nothing, great move hawaii.
Other than having 4 day a week school weeks due to teacher furloughs all last year (yet they somehow won some race to the top grant this year from the feds????), superferry has to be the next top Hawaii debacle.