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
EIR, CHSRA
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
[26 Mb. file]
Petitioners’ Supplemental Motion for Judicial
Notice
At oral argument, the STB asserted that declaratory order
had been intended to be advisory to the California Supreme
Court. Because of that, STB asserted the declaratory order
was not a final order, and therefore was not appealable.
The 9th Circuit panel agreed and dismissed the case.