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20140218_rail

20140218_rail

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Published by: Honolulu Star-Advertiser on Feb 18, 2014
Copyright:Attribution Non-commercial

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06/08/2014

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FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
H
ONOLULU
T
RAFFIC
.
COM
;
 
C
LIFF
S
LATER 
;
 
B
ENJAMIN
J.
 
C
AYETANO
;W
ALTER
H
EEN
;
 
H
AWAII
S
T
HOUSAND
F
RIENDS
;
 
T
HE
S
MALL
B
USINESS
H
AWAII
E
 NTREPRENEURIAL
E
DUCATION
F
OUNDATION
;
 
ANDALL
W.
 
OTH
;M
ICHAEL
U
ECHI
,
 
D
.;
 
T
HE
O
UTDOOR
C
IRCLE
,
 Plaintiffs-Appellants
,v.F
EDERAL
T
RANSIT
A
DMINISTRATION
;
 
L
ESLIE
OGERS
,in his official capacity as FederalTransit Administration RegionalAdministrator; P
ETER
M.
 
OGOFF
, inhis official capacity as FederalTransit AdministrationAdministrator; U.S.
 
D
EPARTMENT OF
T
RANSPORTATION
;
 
AY
L
AHOOD
, inhis official capacity as Secretary of Transportation;
THE
C
ITY AND
C
OUNTY OF
H
ONOLULU
;
 
W
AYNE
Y
OSHIOKA
, in his official capacity asDirector of the City and County of  No. 13-15277D.C. No.1:11-cv-00307-AWTOPINION
 
H
ONOLULU
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RAFFIC
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COM V
.
 
FTA2Honolulu Department of Transportation,
 Defendants-Appellees
,andF
AITH
A
CTION FOR
C
OMMUNITY
E
QUITY
;
 
T
HE
P
ACIFIC
ESOURCE
P
ARTNERSHIP
;
 
M
ELVIN
U
ESATO
,
 Intervenor-Defendants–Appellees
.Appeal from the United States District Courtfor the District of HawaiiA. Wallace Tashima, Senior Circuit Judge, PresidingArgued and SubmittedAugust 15, 2013—San Francisco, CaliforniaFiled February 18, 2014Before: Mary M. Schroeder, Stephen Reinhardt,and Andrew D. Hurwitz, Circuit Judges.Opinion by Judge Schroeder 
 
H
ONOLULU
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RAFFIC
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.
 
FTA3
SUMMARY
*
National Environmental Policy Act / Jurisdiction
The panel affirmed the district court’s dismissal of  plaintiffs’ claims under the National Environmental PolicyAct and Section 4(f) of the Department of Transportation Actarising from litigation challenging the construction of a high-speed rail project in Honolulu, Hawaii.The panel held that it had appellate jurisdiction under either 28 U.S.C. § 1292(a)(1), as an appeal from the grant or refusal of injunctive relief, or 28 U.S.C. § 1291, as an appealof a final judgment. The panel also held that theEnvironmental Impact Statement’s identification of the project objectives, and analysis of alternatives, satisfied the National Environmental Policy Act’s requirements. The panel further held the defendants did not violate Section 4(f)of the Department of Transportation Act where thedefendants did not adopt a Managed Lanes Alternative or busrapid transit alternative, and where defendants made a goodfaith and reasonable effort to identify known archeologicalsites along the proposed project route and developed anappropriate plan for dealing with such sites that may bediscovered during construction.
 
*
 This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

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