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Thursday, May 24, 2012
National Trust for Historic Preservation Files Amicus Brief in Rail Suit
By News Release @ 8:15 PM :: 5847 Views :: Maui County, Education K-12

National Trust for Historic Preservation files amicus brief

News Release from HonoluluTraffic

We are pleased to announce that late yesterday the congressionally chartered National Trust for Historic Preservation filed an amicus brief in support of our lawsuit, Honolulutraffic.com et al vs. FTA and the City of Honolulu. A copy of the brief is attached.

Some excerpts from their 32-page brief follow:

"This lawsuit addresses the failure of federal, state, and local agencies to comply with Section 4(f) of the Department of Transportation Act – among other serious legal deficiencies - in connection with the permitting of the Honolulu High-Capacity Transit Corridor Project ("Project").

"This massive elevated rail project will cut through the historic core of Honolulu, Hawaii, and will also adversely affect other historic properties along its 20-mile length, including the Pearl Harbor National Historic Landmark District.

"Unlike other federal historic preservation laws, such as the National Historic Preservation Act and the National Environmental Policy Act, Section 4(f) contains a substantive prohibition on the construction of transportation projects requiring the "use" of historic sites, park and recreational areas, and wildlife and waterfowl refuges, unless (1) there is no prudent and feasible alternative to using the resources and (2) the project includes all possible planning to minimize harm."

The National Trust for Historic Preservation (www.preservationnation.org), a privately funded nonprofit organization, provides leadership, education, advocacy, and resources to save America's diverse historic places and revitalize our communities. 

Recipient of the National Humanities Medal, the Trust was founded in 1949, and now has more than 300,000 members and supporters nationwide. Staff at the Washington, D.C., headquarters, field offices and 29 historic sites work with members from coast to coast, and with thousands of preservation groups in all 50 states.

The support of the National Trust for Historic Preservation, the most important national organization in the field of historic preservation, will be most helpful to our efforts in defeating the Honolulu rail project.

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Full Text: Amicus Brief

 

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