“No other State imposes comparable fees — and for good reason: It has been a fundamental principle since the Founding that the navigable waters of the United States are a common resource, not one to be commandeered by individual States for their own parochial revenue-raising interests,” attorneys representing the Cruise Lines International Association wrote in a motion

This seems like a stupid argument as these cruise ships are docking in Hawaii not simply sitting in “navigable waters” and these cruise companies are doing it for profit not as a “common resource.” They even state that similar fees exist in other states just not at this rate which contradicts their claim that imposing fees is somehow violating the fundamental principles of open waters as a common resource.