Change in Plans: Big Fireworks in Court April 18 & 19

All the briefs have now been filed in Tos II, a legal challenge to the constitutionality of AB 1889, the 2016 law that the High-Speed Rail Authority is relying on to claim eligibility for Proposition 1A bond funds for construction of its Central Valley segment.

The hearing scheduled for Tuesday, April 18, at 9:00 in Department 54 in Sacramento Superior Court (in the Hall of Justice on 6th St., which is separate from the court complex), and the hearing scheduled for April 19 at 11:00 in the same courtroom have both been postponed.

They have both been rescheduled to April 26 at 11:00 am.

The court will hear argument then on the Authority’s Demurrer and Motion to Strike Allegations, which seek to terminate the
Tos litigation. It will simultaneously consider the motion for a Preliminary Injunction to block the use of funds for construction.

Under court rules, a tentative decision may be posted on the court’s
website at 2:00 the day before the hearing. Enter the hearing date and Department 54.

ARB Scoping Plan Comments Filed

The Air Resources Board produces a Scoping Plan every 5 years. It is the guiding document for the GHG emissions reductions needed to implement California’s climate policy. TRANSDEF submitted a massive comment set, made up of 1). General Comments; 2). VMT Reduction Comments, Attachment: Comments on State-level Strategies; 3). Environmental Assessment Comments, Attachment: Comments on CHSRA 2016 Business Plan; and 4). Comments on Regional Emissions Reduction Targets. For more climate change resources, see this page.

Oral Argument Scheduled

Oral argument in our challenge to the Surface Transportation Board’s Declaratory Order that preempts CEQA actions from challenging the HSR project, is being rescheduled to June or July. A hearing will not be held on April 18.

Bay Area Clean Air Plan Comments

TRANSDEF submitted its comments on the draft 2017 Bay Area Clean Air Plan. They focus on the need to force MTC to do its share of emissions reductions.

Protecting Niles Canyon

TRANSDEF submitted comments today on Caltrans’ proposal to replace the 89 year-old bridge over Alameda Creek on SR 84, to allow higher speeds “to meet driver expectations.” i

Hearing in ARB Case March 17

TRANSDEF’s challenge to the Air Resources Board’s inclusion of HSR in its 2014 Scoping Plan as a GHG emissions reduction measure is now fully briefed (see bottom of page for briefs). A hearing was held March 17, 2017 at 10:00 am in Department 24, Sacramento Superior Court.

TRANSDEF has submitted
numerous comments to ARB on its 2017 Climate Change Scoping Plan, which is scheduled for approval in April 2017.