United States Ninth Circuit

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, is affirmed, where: 1) the Environmental Impact Statement’s identification of the project objectives, and analysis of alternatives, satisfied the National Environmental Policy Act's requirements; and 2) 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.

Appellate Information

• Decided 02/18/2014
• Published 02/18/2014

Judges

• SCHROEDER

Court

• United States Ninth Circuit

Counsel