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The Honolulu Advertiser
Posted on: Saturday, October 17, 2009

City preparing to fight expected lawsuits over Honolulu rail


By Sean Hao
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

City Council chairman Todd Apo

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Honolulu city officials are asking for $300,000 to fight off potential legal challenges to a planned $5.5 billion elevated commuter rail.

Most of that money — $250,000 — would go to local law firm Carlsmith Ball LLP to defend an anticipated lawsuit challenging whether project officials complied with environmental laws, according to a resolution passed during an executive session of this month's City Council Executive Matters Committee meeting.

That resolution, along with another seeking $50,000 to pay for the services of the Kobayashi, Sugita & Goda law firm, were made public recently. Kobayashi, Sugita & Goda would be hired to fight any potential legal challenges to rail-related contract awards.

The proposals to hire outside attorneys are expected to come before the council at its Oct. 27 meeting.

City spokesman Bill Brennan was unavailable to answer questions about the proposals.

City Council chairman Todd Apo said the pre-emptive arrangements with law firms could save the city money while preventing delays.

"It's going to save us money because I think there's a high expectation, a high probability of lawsuits on those two issues," he said. "If you're able to prepare for that as opposed to trying to rush on that last minute, you're going to be able to better represent the city and you're going to save the city money."

The city plans to start construction on the 20-mile East Kapolei to Ala Moana train in December. That timetable is contingent on the project receiving federal approval of an environmental impact statement. That approval could trigger a lawsuit questioning whether the city adequately explored alternatives such as an at-grade train system, or managed, elevated highway lanes.

Arrangements for outside legal representation are premature, said councilman Charles Djou.

"There is no plaintiff, there is no lawsuit," he said. "I can't remember a time when we've retained outside counsel for a potential lawsuit.

"This begs the question, — how confident are you that you did your (environmental impact statement) correctly and that you did the procurement for the rail system correctly?"

According to the proposed resolutions, lawyers representing the city won't be paid more than $295 an hour.

It's unclear who will file a lawsuit against the rail project; however, potential parties include environmental/cultural groups, private landowners or other special interests.

Rail opponent Cliff Slater would not comment on whether he would be involved in such a challenge.

Slater and his group the Alliance for Traffic Improvement filed a suit against the city's previous mass-transit plan, a Bus Rapid Transit system. They argued that the service would violate federal environmental laws and add extensively to traffic congestion on Kaläkaua Avenue in Waikíkí.

Plans to launch the so-called BRT were called off because of a change in political will and the loss of federal funds.

Slater said he wasn't surprised the city already is preparing to fight legal challenges.

"It shows how really deficient they believe the (environmental impact statement) will be," he said. "They've got plenty to be worried about."