Opponents of the $5 billion Honolulu rail project prevailed in their lawsuit charging that the city failed to consider a full range of alternatives before deciding to build rail. A federal judge ruled last week that the city was “arbitrary and capricious” in selecting rail and violated the National Environmental Policy Act in failing to present more alternatives in the environmental impact statement.
Construction on the rail line had already been stalled by a previous lawsuit that found that the rail project failed to comply with state historic preservation and burial protection laws when it failed to complete an archeological inventory survey for the 20-mile route before starting construction. Instead, it had planned to do the inventory just ahead of each step of construction.
Basically, the city let construction contracts and began construction prematurely because it wanted to commit funds before voters had an opportunity to stop the project. Voters will get their chance tomorrow, when former Hawaii Governor Ben Cayetano, who opposes the rail project and was one of the plaintiffs in the recent lawsuit, is on the ballot for mayor of the city.
