An anti-rail group will appeal a federal judge’s ruling in late December refusing to halt construction on the city’s $5.26 billion rail project.
The group that includes former Gov. Ben Cayetano notified the federal court this week that it will appeal to the 9th U.S. Circuit Court of Appeals the Dec. 27 ruling by visiting federal Judge A. Wallace Tashima.
The group will also contest Tashima’s earlier rulings that threw out the group’s claims under environmental and historic preservation laws.
Tashima, however, ruled in the group’s favor on claims under the federal transportation laws aimed at protecting public parks and historic sites.
He required the city to conduct more studies on the rail’s impact on Mother Waldron Park in Kakaako; the feasibility of an alternative downtown route through a tunnel under Beretania Street; and cultural sites along the 20-mile route from Kapolei to Ala Moana Center.
The group wanted Tashima to halt any construction pending the completion of the studies, but the judge agreed with the city and only barred construction for the final downtown phase.
Construction of the final phase of the four-phase project was scheduled to start next year.
“Everyone has a right to appeal,” Mayor Kirk Caldwell said in a statement Wednesday afternoon.
“There are no benefits to this continued litigation.
It only serves to drive up costs in legal fees and delays. This is taxpayer money. Already their legal challenges have cost the city over $2.1 million in outside attorney’s fees, in addition to the many hours spent by staff attorneys in the Corporation Counsel’s office.”
As a result of the Hawaii Supreme Court ruling last year, an archeological survey must first be completed for the entire route.
Rail officials expect to resume construction in September.
Other members of the anti-rail group includes longtime rail opponent Cliff Slater, University of Hawaii law school professor Randall Roth and the Outdoor Circle.
