by juni0r75
I think that one of the original points that I made when I posted has been lost in the discussion shuffle: The State is MANDATED to restore the service for environmental mitigation reasons. So far, none of the substitutions that have been presented to restoring streetcar service have met environmental muster. Thus, the T and the state are LEGALLY bound to restore the service, or they are going to be sued, case closed.
To say that this issue is dead and say "move on" disregards this very basic legal fact, and I personally think that that sets a very scary precedent by which there are laws that the state can disregard when it suits its purposes. We cannot lose sight of the law in this whole debate. I will argue over feasibility, practicality, sensibility, and constructability any day, but I will not argue the law. Something here must be done, at the threat of legal peril.
At this point, I almost could care less if the service is restored so long as the state is held to obeying its own laws. I want to see someone ( or some state entity) held accountable for agreements made and broken to the people. So far the state (eg: the T) has been able to wiggle out of two of the consent agreement's deadlines. Based on the attitude of the DEP towards the State and T the last time they tried to make a change to the consent agreement, I don't think that there will be much chance that the DEP will allow them to get away with eliminating Arborway restoration from the consent agreement, or allow for a bustitution for that matter. I am sure that the DEP can see what seems readily apparent; that the state and T are really playing a waiting game against the law. As much as I love trolleys, if the T can come up with a solution to this issue that is environmentally sound and provides a one seat ride from JP Centre St. to Park St, I would accept it. This attitude of using slightly better buses and stalling to get the problem to go away is what infuriates me more than anyting else in this whole saga.
I really hope that the CLF is able to get this case off the ground and into Federal court so that something is done about this blatant disregard for the law.
-A
To say that this issue is dead and say "move on" disregards this very basic legal fact, and I personally think that that sets a very scary precedent by which there are laws that the state can disregard when it suits its purposes. We cannot lose sight of the law in this whole debate. I will argue over feasibility, practicality, sensibility, and constructability any day, but I will not argue the law. Something here must be done, at the threat of legal peril.
At this point, I almost could care less if the service is restored so long as the state is held to obeying its own laws. I want to see someone ( or some state entity) held accountable for agreements made and broken to the people. So far the state (eg: the T) has been able to wiggle out of two of the consent agreement's deadlines. Based on the attitude of the DEP towards the State and T the last time they tried to make a change to the consent agreement, I don't think that there will be much chance that the DEP will allow them to get away with eliminating Arborway restoration from the consent agreement, or allow for a bustitution for that matter. I am sure that the DEP can see what seems readily apparent; that the state and T are really playing a waiting game against the law. As much as I love trolleys, if the T can come up with a solution to this issue that is environmentally sound and provides a one seat ride from JP Centre St. to Park St, I would accept it. This attitude of using slightly better buses and stalling to get the problem to go away is what infuriates me more than anyting else in this whole saga.
I really hope that the CLF is able to get this case off the ground and into Federal court so that something is done about this blatant disregard for the law.
-A