On Nov. 1, Judge A. Wallace Tashima ruled the city failed to identify culturally sensitive properties along the rail line, and must study the feasibility of placing at least some of the route underground along Beretania Street. Tashima also said the city must examine how to mitigate impacts to Mother Waldron Park in Kakaako, which is on the National Registry of Historic Places.

Tashima has scheduled a hearing Dec. 12 to hear arguments on how the city plans to fulfill the requirements of his order.

Construction of the rail project has already been halted for the past two-and-a-half months after the Hawaii Supreme Court ruled Aug. 24 that the city must conduct an archeological inventory survey along the entire 20-mile route, not in four separate phases.

The AIS hopes to identify native Hawaiian burials, especially those in Kakaako, before construction of the rail project begins through the city center.