For now, the lawsuit continues unabated and unabridged.
In a decision issued Monday morning, Judge A. Wallace Tashima said the request from the City and County of Honolulu and the Federal Transit Administration to streamline the case was premature because he doesn’t yet have the full administrative record.
Until he has that, he can’t assess the argument that some rail opponents did not comment at all on the environmental impact statement and that nobody raised some of the specific concerns now included in the lawsuit.
Tashima said he also needs the administrative record to evaluate whether the EIS had flaws “so obvious” that there was no need for anybody to have pointed them out specifically.
Read more about the late November oral arguments in federal court here. Read the five-page decision below:
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