On May 10, 2017, U.S. District Court Judge Christopher Cooper dismissed the case filed in 2015 by Martin and Indian River Counties, after the U.S. Department of Transportation (DOT) withdrew the $1.75 billion Private Activity Bond (PAB) allocation for All Aboard Florida that was challenged by both Counties as well as two individual members of CARE FL.
The August 2016 ruling and November 2016 withdrawal of the $1.75 billion PAB allocation were critical victories for the Counties and CARE FL plaintiffs. Without the $1.75 billion PAB allocation, AAF has no clear way to fund Phase II of it's project.
During the ruling, a stern warning was given to DOT that should it issue another PAB allocation, it should comply with the nation's environmental laws, and stated, "...if DOT were to do so, Plaintiffs could readily call it to the carpet by renewing their lawsuits in this Court."
In addition, construction of Phase II requires a number of rule-makings and permits that AAF has yet to obtain.
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