Friday, March 29, 2024
Hawai'i Free Press

Current Articles | Archives

Monday, April 22, 2013
Confident, Rail Opponents Seek Expedited Hearing on Appeal
By News Release @ 4:17 PM :: 4390 Views :: Rail

From HonoluluTraffic April 20, 2013

Our attorneys yesterday filed for an expedited hearing of our appeal:

Attorneys for the plaintiffs in the case of Honolulutraffic.com et al. vs. Federal Transit Administration et al., today filed a request for an expedited hearing of their appeal to the Ninth Circuit Court of Appeals. The filing is attached here.

The request details that in the Final EIS of 2003, the City and FTA found that Bus Rapid Transit (BRT) was preferable to rail, and the public concurred. Yet two years later BRT was not considered even a reasonable alternative to be studied in the then proposed EIS despite the statutory requirement to “rigorously explore all reasonable alternatives.“

The District Court ruling that the City and FTA were not in error in this, and other matters, was clearly wrong and thus resulted in our current appeal. The request calls for hearing by August this year in time for a Ninth Circuit decision prior to any restart of rail construction.

---30---

Rail opponents Confident of Victory, seek expedited hearing in appeal

SA: In December, visiting federal Judge A. Wallace Tashima refused to halt construction on the $5.26 billion rail project. Tashima did require the city to further study rail’s impact on Mother Waldron Park in Kakaako; the feasibility of an alternative downtown route under Beretania Street and the impact to cultural sites along the 20-mile route.

Opponents filed an appeal in February to overturn Tashima’s ruling. With Friday’s filed request for an expedited hearing, they hope to get a ruling from the 9th U.S. Circuit Court of Appeals by the end of 2013 — and ideally before construction starts again in August or September.

“We think it would be an unnecessary waste of additional money to resume construction prior to the court’s decision,”  Roth said Friday. “Nobody can predict with certainty what the court’s going to do but we believe we’re going to win the appeal.”

read … Rail opponents seek expedited hearing in appeal of federal ruling

  *   *   *   *   *

Honolulu Traffic Where we stand today: The Hawai‘i Supreme Court found unanimously that the State should have made a full Archeological Inventory Survey of the entire route before rail construction began and they ordered work to cease.

In our federal case, Honolulutraffic.com et al. versus the City/FTA, Judge Tashima found the City/FTA in violation of the law in three counts.

While highly unlikely, it is possible that the City could restart in 6 to 9 months. By that time we should have a favorable ruling in our federal case at the Ninth Circuit Court of Appeals.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT