Rail work can resume following judge’s ruling

A federal judge’s ruling Thursday that halts construction only in the final phase of the city’s 20-mile rail project was hailed by city and rail officials who say the $5.26 billion project likely will be able to proceed without further delays.

Judge A. Wallace Tashima, an appeals judge presiding over the case, turned down a request by an anti-rail group that had hoped he would set aside at least part of the federal approval for the project and halt construction on the entire route.

But Tashima agreed with city and federal attorneys who urged him to issue a more limited ruling affecting only the final phase, which isn’t scheduled to start construction until 2014.

The anti-rail plaintiffs said the ruling isn’t the final word on the issue. They also said they will consider an appeal.

In his three-page ruling, Tashima declined to set aside the federal approval and halted construction only for the downtown phase of the route, which runs from Kapolei to Ala Moana Center.

The city started construction in the first phase from Kapolei but halted work because of a Hawaii Supreme Court ruling in August mandating that it complete an archaeological survey of the entire route before construction can resume.

Rail officials say the survey work was supposed to be completed this month and hope construction can resume in the fall.

"This is the news we had hoped for," Dan Grabauskas, executive director of the Hono­lulu Authority for Rapid Transportation, said about the decision Thursday. "The judge’s ruling allows us to complete the remaining work requested by the court, while keeping the project on schedule. These additional studies will be completed next year, well in advance of when construction was scheduled to begin in the City Center area (fourth phase). Oahu residents can look forward to seeing their rail system fully operational in 2019 as planned."

Mayor Peter Carlisle, a staunch advocate of the project, said Tashima’s ruling was "very reasonable and essentially what the city asked for."

He called it "very good news, plain and simple," and "one further step in the right direction with rail."

Carlisle, who is in his final few days as mayor before he leaves office next week, suggested that the anti-rail plaintiffs drop their court case.

"It seems nothing more than petulant, expensive obstructionism," he said.

The plaintiffs in the case include former Gov. Ben Caye­tano, University of Hawaii law professor Randall Roth, longtime rail opponent Cliff Slater and Hawaii’s Thousand Friends.

Roth said he’s disappointed that Carlisle would be making remarks "as if it was trash talk on a basketball court."

"I think it’s presumptuous of him to be declaring victory," Roth said. "They lost in state court, and they lost on three counts in federal court."

Cayetano said he personally expected the ruling but was disappointed the judge didn’t issue a broader order.

"He was trying to find some equitable grounds," the former governor said. "I think he’s pretty mindful of the full-funding agreement," a reference to the federal government finalizing last week a promise to provide $1.5 billion for the project.

City attorneys had argued during a hearing Dec. 12 that a broader court order would jeopardize the federal funding.

Cayetano and Roth said the group would have to meet and discuss with the lawyers whether to pursue an appeal to the U.S. 9th Circuit Court.

The judge’s ruling said both sides have to pay for their own attorney fees and costs.

Tashima ruled Nov. 1 that the city must do more studies on three points: the impact of the project on Mother Waldron Park in Kakaako, the feasibility of an alternative route involving a tunnel under Beretania Street to protect historic Chinatown, and a survey of traditional and cultural sites along the 20-mile route.

Tashima’s ruling was based on federal transportation laws aimed at protecting public parks and historic sites. He turned down the plaintiffs’ other claims under federal environmental and historic preservation laws.

Tashima held the hearing Dec. 12 to decide what to do with the project pending the city’s completion of the studies.

In his order, Tashima said the city cannot conduct construction activities and real estate acquisition for the final phase of the project until 30 days after the Federal Transit Administration notifies the court that the city complied with the judge’s Nov. 1 ruling.

But he left room for the plaintiffs to file an objection during the 30-day period. The order would remain in effect until the judge resolves the objection.

Cayetano said he has to talk to the group’s lawyers, but said it seems to him that the city must still supplement the environmental statement to address Tashima’s concerns about the Beretania tunnel alternative and the impact on Waldron Park. The public will have a chance to comment on the city’s findings, he said.

"We’re far from the end of the process on this," Roth said. "There’s a lot of litigation yet to go."

Judge Tashima’s order in Honolulu rail transit lawsuit