Supreme Court Review of Ninth Circuit Parasailing Case Sought

I had earlier posted about the UFO Chuting v. Smith case.  The Ninth Circuit held that the State of Hawaii's partial ban on parasailing off the coast of Maui did not violate the Supremacy Clause of the U.S. Constitution and was not preempted by federal law.

The parasail operator filed a Petition for a Writ of Certiorari seeking U.S. Supreme Court review. 

Two questions are presented for review:  first, "Does Hawaii's five-month seasonal ban on parasailing in navigable (federal) waters off Maui's coast violate the Supremacy Clause because it furthers neither the purposes nor the objectives of the federal Marine Mammal Protection Act, 15 U.S.C. s. 1379(a), the predominant federal regime enacted by Congress in 1972 for the safety and well being of humpback whales?" and second, "Does the enactment of legislation mooting a judgment which granted all of the relief sought, including a permanent injunction, deprive the prevailing party, here petitioners, of the right to attorney's fees under 42 U.S.C. s. 1988?"