Does the rail violate environmental and historic preservation laws? That’s what rail opponents will argue today to a panel from the Ninth Circuit. The lawsuit was filed in February by a collection of politicians, academic groups, and and environmental groups.
From Inverse Condemnation:
As we anticipated last December, the plaintiffs Honolulutraffic.com (now appellants) did appeal Judge Tashima’s December 27, 2012 Judgment & Partial Injunction to the Ninth Circuit on February 12, 2013. On May 3, the court granted appellants’ motion to expedite the briefing and hearing, which is now calendared for Thursday, August 15, 2013 at the San Francisco courthouse. In the same Order, the court denied the defendants’ (now appellees) Federal Transit Administration (FTA) and City and County of Honolulu (City) motion to dismiss the appeal for lack of jurisdiction, without prejudice to renewing the arguments in the answering briefs.
Audio recordings of the proceedings will be available tomorrow.