HonoluluTraffic.com, et al. v. FTA, et al., No. 13-15277 (9th Cir. 2014)
Annotate this CasePlaintiffs challenged the construction of a high-speed rail system (the "Project") that will run through the downtown area of Honolulu under the National Environmental Policy Act (NEPA), 42 U.S.C. 4321-4347, the National Historic Preservation Act (NHPA), 16 U.S.C. 470 to 470x-6, and Section 4(f) of the Department of Transportation Act, 49 U.S.C. 303. The district court granted summary judgment in favor of defendants on most of the claims and enjoined construction of the fourth phase of the Project pending a remand to the agency on the remaining Section 4(f) claims. The court concluded that plaintiffs timely appealed the dismissal of the remainder of their claims; the court had jurisdiction under either 28 U.S.C. 1292(a)(1) or 1291; the Environmental Impact Statement's (EIS's) identification of the project objectives and analysis of alternatives satisfied NEPA's requirements. Further, defendants have not violated Section 4(f) where they considered a Managed Lanes Alternative as well as other alternatives, and where they have made a good faith and reasonable effort to identify known archaeological sites along the proposed Project route and have developed an appropriate plan for dealing with sites that may be discovered during construction. Accordingly, the court affirmed the judgment of the district court.
Court Description: National Environmental Policy Act / Jurisdiction. The panel affirmed the district court’s dismissal of plaintiffs’ claims under the National Environmental Policy Act and Section 4(f) of the Department of Transportation Act arising 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 appeal of a final judgment. The panel also held that the Environmental 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 the defendants did not adopt a Managed Lanes Alternative or bus rapid transit alternative, and where defendants made a good faith and reasonable effort to identify known archeological sites along the proposed project route and developed an appropriate plan for dealing with such sites that may be discovered during construction.
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