Briefs filed in HSR Challenge

Briefing has commenced in the challenge to the EIR for the High-Speed Rail connection between the Bay Area and the Central Valley. Plaintiffs filed their Opening Briefs today. The case has been divided into two parts: Atherton I is a continuation of the challenge to the 2008 EIR by the Town of Atherton, the City of Menlo Park, the Planning and Conservation League, the California Rail Foundation, and the Transportation Solutions Defense and Education Fund (TRANSDEF). Atherton II is a new lawsuit challenging the legality of the revised EIR by the City of Palo Alto, the Community Coalition on High-Speed Rail, Mid-Peninsula Residents for Civic Sanity, and Pat Giorni. The current schedule is that the two cases will be heard together on August 12 in Sacramento. The briefs are available here:
Atherton I
Atherton I (Declaration of Elizabeth Alexis)
Atherton II
Atherton II (CC-HSR)

The principal contentions in the briefs are:

  • The project description was inadequate in failing to properly address the newly-discovered inaccuracy of previously-published modeling of the project and alternatives and failing to provide reliable information on ridership and revenue for the Project and alternatives;
  • The Revised EIR failed to acknowledge significant or significantly increased traffic, noise, vibrational, air quality, visual, and blight-inducing impacts caused by changes to the Project since certification of the prior FPEIR;
  • The Revised EIR failed to respond adequately to comments received on the Revised DEIR;
  • The Revised EIR failed to adequately evaluate a feasible new alternative that would have substantially reduced or avoided significant Project impacts, but which the Project sponsor refused to either seriously consider or adopt;
  • Respondent failed to recirculate the Revised EIR in response to the above new information;
  • Respondent adopted inadequate findings in re-approving the Project. The findings were not supported by substantial evidence in the record.