Is CEQA Preempted by
Surface Transportation Board Jurisdiction?
Litigants File Appeal of STB Declaratory Order
In an effort to evade the CEQA challenges
to the Fresno-Bakersfield
petitioned the Surface Transportation Board (STB) to
protect their project from being shut down by a court
injunction. By a 2-1 vote, the STB granted a
declaratory order completely preempting CEQA. After
litigant’s request for a rehearing was denied, they
filed a Petition for Review with the 9th Circuit Court of Appeals.
The litigants are: Kings County, Kings County Farm Bureau, California Citizens for High-Speed Rail Accountability, Community Coalition on High-Speed Rail, California Rail Foundation, Transportation Solutions Defense and Education Fund (TRANSDEF), and Dignity Health.
On Monday, December 7, 2015, Petitioners filed their Opening Brief, accompanied by:
Addendum to the Opening Brief
Errata to Opening Brief
Excerpts of the Record
Motion for Judicial Notice
and a Motion for Stay, or in the Alternative, Referral to the California Supreme Court
Opposition Brief by Respondent STB
Opposition Brief by Intervenor CHSRA
Intervenor’s Request for Judicial Notice
Intervenor’s Addendum Statutes
Amicus Brief by Center for Biological Diversity
Petitioners’ Reply Brief
Petitioners’ Supplemental Motion for Judicial Notice
Oral argument will be heard April 18th, at the Ninth Circuit Courthouse, 95 Seventh Street, San Francisco. The session starts at 9:30 AM in Courtroom #3.