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The Honolulu Advertiser
Posted on: Tuesday, April 6, 2004

Judge asked to dismiss BRT suit

By David Waite
Advertiser Courts Writer

A federal judge is considering a request from the city and the federal government to dismiss a lawsuit brought by a group that seeks to block construction of the proposed Bus Rapid Transit project.

U.S. District Judge Susan Oki Mollway held a 45-minute hearing in her courtroom yesterday on a motion by the city transportation department and the Federal Transit Administration to dismiss a lawsuit brought by the Alliance for Traffic Improvement.

The group, which consists of more than 100 people and businesses involved in Hawai'i's transportation industries, contends that the project cannot proceed until the environmental consequences of building a bus transit system linking Kapolei with Waikiki are studied and the results of the studies for the entire system are accepted.

The city has proposed building an "initial operating system" — 5.6 miles of dedicated busway between Iwilei and Waikiki — and an environmental impact study for that portion of the project has been undertaken.

But Alliance members contend that an environmental impact statement for the entire project must be completed before work on the first phase can begin.

Mollway took the matter under advisement yesterday, but did not say how soon she expects to rule on the matter.

The City Council Transportation Committee last week approved a city administration request to include the project on an islandwide Transportation Improvement Program list, a necessary step before the money can be approved by the federal government.

The move came one week after the full City Council urged the city to halt all BRT work until the federal money was approved, and after federal officials warned the city to not expect money for new transit projects unless local financing is locked in place first.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.