Hawaii's Parasailing Ban - State files Brief in Opposition to Cert Petition

The State of Hawaii filed its Brief in Opposition to UFO Chuting's Petition for Certiorari to the U.S. Supreme Court.  The brief is here. 

The State's argument is several:  first, that UFO Chuting's argument regarding the Marine Mammal Protection Act was not presented to the Ninth Circuit Court of Appeals (and therefore the Supreme Court should deny the petition); second, there is no circuit conflict warranting review by the U.S. Supreme Court; and finally, the State of Hawaii legislature is entitled to deference from the judiciary.

My earlier post with our amicus brief is here. 

The Ninth Circuit opinion is here.  My post on UFO's Petition is here.  And, the cert petition itself is here.