Going into 2011, UHERO anticipated decent growth in Hawaii’s construction sector, fueled in part by active rail construction. That did not happen. Instead, hampered by litigation, first over the sufficiency of the survey of ancient Hawaiian burial sites, then by bid protests over the rail car manufacturer chosen for the job, and then the EIS lawsuit filed by the coalition of (former) Governor Ben Cayetano, and “Broken Trust” alumni Randall Roth and Walter Heen, the rail project has made less progress than originally hoped and intended. The EIS suit is currently scheduled for hearings in early 2012. In the meantime, preliminary construction continues. Thus far, the plaintiffs in the EIS litigation have refrained from seeking a preliminary injunction to stop any further construction from going forward before the suit is heard.
In the meantime, the City has pressed forward, executing the Ansaldo contract. If the EIS litigation is resolved early next year, it is possible the construction gains anticipated for 2011 may materialize in 2012.