Here’s the text of the statement put out by rail opponents Cliff Slater and Randy Roth today in response to the news of the Letter of No Prejudice from the FTA, a key step for the project.

Essentially, this permission merely continues the city’s ability to risk city taxpayer dollars. There is still no guarantee that there will be any federal dollars. All the letter does it tell the city it may collect federal funds should they ever be available.

Since the City is starting construction in agricultural land they tell us that if we prevail in our lawsuit in August, and we believe we will, they will replace and repair all that they will have constructed up to that time. Under environmental law that is not considered causing “irreparable harm” to the environment.

For that reason, we have not sought so far a preliminary injunction to stop this initial construction. The city has planned all along to start at the farm end of the line in order to pre-empt anyone from filing for a preliminary injunction under environmental law.

We should be clear that the City is not risking federal dollars with this permission to proceed; it is risking city taxpayer dollars.

As taxpayers we find it unfortunate that the city intends to risk spending $185 million and similar millions of dollars to repair and replace what they construct but under the law that is a money problem and not an environmental problem.

Our position is that the city violated federal law and we, and our lawyers, expect to prevail. In this matter the judge will not consider the amount spent but only consider the matter on its merits under environmental law.

Our main story has been updated to reflect those sentiments and our phone interview with Slater. Read it here: Feds Green Light Honolulu Rail Construction