Bus transit lawsuit
is kept alive in court
A federal judge has left standing the central part of a lawsuit seeking to block the city's Bus Rapid Transit system, project opponents say.
U.S. District Judge Susan Oki Mollway threw out some of the allegations made by the nonprofit group, Alliance for Traffic Improvement.
"In short, she kept in play all the important ones," said spokesman Cliff Slater.
The group, also known as Sensible Traffic Alternatives and Resources Ltd., is made up of transportation companies and business leaders.
The organization sued the federal government and the city to stop construction of the first phase of the BRT project, a 5.6-mile stretch from downtown through Kakaako and ending in Waikiki using hybrid gas and electric buses.
The project -- part of a larger in-town line running 12.8 miles -- is planned to include sidewalk improvements, landscaping, underground utilities, bus stop upgrades and the addition of extra lanes on Ala Moana and Kalia Road.
The city, joined by the Federal Transit Administration, had asked Mollway to throw out the whole lawsuit.
In a written ruling filed Thursday, Mollway said ATI is barred from challenging the project based on state environmental laws because the group didn't previously comment on the state's acceptance of required environmental reviews.
Mollway also dismissed counts claiming that federal environmental laws were violated based on allegations that no joint environmental impact statement was prepared and because there was no coordinated review.
But the judge kept eight counts alive relating to other alleged violations of federal environmental law, including whether the environmental impact statement was valid. ATI also contends that the project should not proceed until the federal government approves the entire project, not just the initial segment.
"I felt (the decision) was very thorough and she carefully considered all the issues," city Transportation Director Cheryl Soon said.
Soon said the city is proceeding with the project because there has been no indication from the court that it cannot move forward.
Soon said the city also is waiting for the judge to decide whether a hearing on a request by ATI for a preliminary injunction will take place.
The city maintains that the steps and actions taken so far in the environmental review process have been appropriate and proper, she said.
Slater said the project should not move forward while the lawsuit hangs over the city's head.
