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HONOLULUTRAFFIC.COM v. FEDERAL TRANSIT ADMIN.

No. 13-15277.

742 F.3d 1222 (2014)

HONOLULUTRAFFIC.COM; Cliff Slater; Benjamin J. Cayetano; Walter Heen; Hawaii's Thousand Friends; The Small Business Hawaii Entrepreneurial Education Foundation; Randall W. Roth; Michael Uechi, Dr.; The Outdoor Circle, Plaintiffs-Appellants, v. FEDERAL TRANSIT ADMINISTRATION; Leslie Rogers, in his official capacity as Federal Transit Administration Regional Administrator; Peter M. Rogoff, in his official capacity as Federal Transit Administration Administrator; U.S. Department of Transportation; Ray Lahood, in his official capacity as Secretary of Transportation; The City and County of Honolulu; Wayne Yoshioka, in his official capacity as Director of the City and County of Honolulu Department of Transportation, Defendants-Appellees, and Faith Action for Community Equity; The Pacific Resource Partnership; Melvin Uesato, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 18, 2014.

Attorney(s) appearing for the Case

Nicholas C. Yost (argued) and Matthew G. Adams , Dentons U.S. LLP, San Francisco, CA, for Plaintiffs-Appellants.

Robert G. Dreher , Acting Assistant Attorney General, Brian C. Toth , David Glazer , and David C. Shilton (argued), Attorneys, Kathryn B. Thomson , Acting General Counsel, Paul M. Grier , Assistant General Counsel for Litigation, Peter J. Plocki , Deputy Assistant General Counsel for Litigation, United States Department of Justice, Washington, D.C.; Timothy H. Goodman , Senior Trial Attorney, United States Department of Transportation, Washington, D.C.; Dorval R. Carter, Jr. , Chief Counsel, Nancy-Ellen Zusman , Assistant Chief Counsel, Joonsik Maing and Renee Marler , Attorney-Advisors, Federal Transit Administration, Washington, D.C., for Defendants-Appellees Federal Transit Administration, et al.

Robert D. Thornton (argued), Special Deputy Corporation Counsel, City and County of Honolulu, Nossaman LLP, Irvine, CA; Edward V.A. Kussy , Special Deputy Corporation Counsel, City and County of Honolulu, Nossaman LLP, Washington, D.C.; John P. Manaut and Lindsay N. McAneeley , Special Deputies Corporation Counsel, City and County of Honolulu, Carlsmith Ball LLP, Honolulu, HI; Donna Y.L. Leong and Don S. Kitaoka , Deputy Corporation Counsel, City and County of Honolulu, Honolulu, HI, for Defendants-Appellees The City and County of Honolulu and Michael Formby.

Elizabeth S. Merritt , Deputy General Counsel, National Trust for Historic Preservation, Washington, D.C., for Amicus Curiae National Trust for Historic Preservation.

Before: MARY M. SCHROEDER, STEPHEN REINHARDT, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

SCHROEDER, Circuit Judge:

I. INTRODUCTION

This litigation represents a challenge to the construction of a 20-mile, high-speed rail system (the "Project") from the western portion of Oahu through the downtown area of Honolulu, Hawaii. Honolulu has been unsuccessfully struggling to cope with traffic congestion since the mid1960s. That was when Congress passed the Urban Mass Transportation Act of 1964, later amended in the Federal-Aid Highway...

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