The highest court in the state will today listen to arguments about whether the rail project is allowed to use a “phased approach” for its archaeological survey work. That could impact how burials are dealt with if they’re discovered late in the game.

The lawsuit was brought by the Native Hawaiian Legal Corporation on behalf of Paulette Kaleikini. It was dismissed by a lower court, but the Hawaii Supreme Court earlier this year agreed to take the case.

The oral argument is set for 9 a.m. and is expected to last about an hour.