Hawaii Cruise Ship Tax Violates Supremacy Clause, US Argues

December 8, 2025, 5:48 PM UTC

Hawaii’s environmental tax on cruise ships docking at the state’s ports violates the supremacy clause of the constitution, the US told a federal court.

The 11% “Green Fee” surcharge on cruise ships to fund various environmental projects infringes on the federal Rivers and Harbors Appropriation Act of 1884, which prohibits states from taxing ships navigating US waters, the government’s intervenor complaint said.

  • The intervenor complaint also accused Hawaii and most of its counties of violating the law’s tonnage clause, which forbids states from taxing vessels without congressional consent
  • The US District Court for the District of Hawaii granted the federal ...

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