by Andrew Walden

The 9th Circuit Court has put a stop to the Hawaii Green Fee tax on cruise lines.

Akamai readers may remember this from Hawai’i Free Press, December 24, 2025:  

The Department of the Attorney General is very pleased with the United States District Court for the District of Hawaiʻi’s order dismissing the majority of the claims challenging Act 96 of 2025 and denying plaintiff’s motion for a preliminary injunction. As a result, the Green Fee will go into full effect on January 1, 2026, as provided by law.

(REALITY:  The AG isn't telling you this, but the plaintiffs and the US Department of Justice immediately filed an appeal to the 9th Circuit.  They also filed motions for a stay pending appeal, which Otake denied. Case# 1:2025cv00367)

In Hawaii cases challenging local political agendas, justice can only be obtained in the 9th.

While the AG was counting her chickens, barristers worked through the holidays to bring the preliminary injunction appeal to justice.  On December 27, 2025, the 9th Circuit ordered arguments presented with deadlines on December 31 at 9am.

Then they ruled. 

A December 31, 2025, order by two 9th Circuit judges grants the preliminary injunction requested by the Cruise Lines International Association and other plaintiffs joined by the US Department of Justice. 

Except in the very unlikely event that this injunction is overruled by the entire 9th Circuit or by the US Supreme Court, there will be no Green Fee applied to cruise lines until all appeals are exhausted.  

As the US Department of Justice explained:

“(The Hawaii Attorney General’s) response does not meaningfully engage with, much less refute, our principal arguments showing that Hawaii’s Act 96 imposes fees and requirements on vessels that violate the Rivers and Harbors Act (“RHA”) and the Constitution’s Tonnage Clause. Because the United States will likely succeed on its claims and will be irreparably harmed without immediate relief, the Court should enjoin Act 96 pending appeal. Alternatively, even the district court concluded that the United States raised serious questions on the merits, and an injunction should therefore issue because the equities tip sharply in favor of enforcing federal law.”  

The sudden and, to them, unexpected, reversal of fortunes left local politicos dumbfounded.  For instance, House Majority Leader Quinlan  sputtered:

“I want to characterize this as if people are operating in Hawaii, they should have a shared kuleana along with the state to protect our environment.

“So for the cruise lines to say, ‘None of this is our responsibility. We don’t want to help out. And oh, by the way, we’re taking you to court’ is a tough pill to swallow.”

Apparently it has not occurred to Quinlan that overturning the Commerce Clause would cause an immense increase in air pollution. 

The injunction applies only to the imposition of the Green Fee on cruise lines.  The rest of the slush fund will flow unimpeded to green activist groups.

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AP: Federal appeals court blocks Hawaii's climate change tourist tax on cruise ships - CBS News

HNN: Lawsuit blocks Hawaii cruise ship tax, hotel fees take effect

ET: Appeals Court Blocks Hawaii’s Climate Change Tourist Tax on Cruise Ships | The Epoch Times

Dec 29, 2025: Hawaii Cruise Ship Tax Survives, but Its Voyage Will Be Stormy

Dec 24, 2025: Green Fee: Court Denies Cruise Lines' Motion for Preliminary Injunction