Hoisted on their own petard

Hoisted on their own petard 09/20/13 Filed in: High-Speed Rail After shocking the state by asserting that the California Environmental Quality Act, CEQA, did not apply to the High-Speed Rail project, the  California High-Speed Rail Authority is about to taste comeuppance. The Tos plaintiffs, who challenged the HSR project’s compliance with the HSR bond measure’s taxpayer protection provisions, have struck back. They filed papers to join in a motion seeking to halt the state’s validation proceedings. The rationale is priceless: Because the expectation of CEQA compliance is written into the HSR bond measure, plaintiffs claim that the project cannot use bond funds if CEQA compliance is abandoned. Since the preemption issue will be determined in the appeal process, plaintiffs…

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Multiple Suits Challenge Plan Bay Area

Multiple Suits Challenge Plan Bay Area 09/01/13 Filed in: MTC | Transportation Planning | Climate Change Multiple lawsuits were filed, challenging the FEIR for the Bay Area’s regional plan under CEQA. Interestingly, they attack the plan from different directions: The Sierra Club/Communities for a Better Environment suit seeks a reduction in greenhouse gases and air pollution that affects communities of color in West Oakland. The “Bay Area Citizens” suit is a right-wing challenge to what it views as an assault on Americans’ God-given right to live in suburbs. The Building Industry Association suit makes interesting claims that have never been litigated: that the regional plan violates SB 375 by not providing for feasible levels of…

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A New Section: Marin County

A New Section: Marin County 08/27/13 Filed in: Transportation Planning TRANSDEF has been actively involved in the Greenbrae Corridor Improvement Project Advisory Committee, which has been meeting to develop a consensus on what to do instead of the soundly rejected $143 million Highway 101 project in the Larkspur/Corte Madera area. TRANSDEF submitted four proposals to the public input process, which are available on TRANSDEF’s Marin County  page. In its August 26 meeting, the Committee approved a consensus plan including the following elements that had been proposed by TRANSDEF: a North-South bikeway on the railroad trestle, if feasible; improved merging of E. Sir Francis Drake Blvd. with I-580; and an added eastbound lane on E. Sir Francis…

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We Lost One of the Greats: Roy Nakadegawa

We Lost One of the Greats: Roy Nakadegawa 08/26/13 Filed in: Transportation Planning Roy Nakadegawa was a founding Board member of TRANSDEF. He contributed his vast experience in public transit and his financial support to our small non-profit’s efforts to focus Bay Area transportation planning on cost-effectiveness. Our goal was public transit investments that benefit many more residents. Roy agreed to put himself forward, along with fellow former BART Director Sherman Lewis, as a named plaintiff in a suit brought by TRANSDEF to stop MTC from moving funds from the proposed Dumbarton Rail Project to the BART Warm Springs project. TRANSDEF vehemently opposed this billion dollar wasteful project. In agreeing to do so, Roy truly walked his…

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Joint Statement by AC Transit and BART

Joint Statement by AC Transit and BART 08/26/13 Filed in: Transportation Planning Former AC Transit and BART director Roy Nakadegawa passed away last Friday morning, August 23, 2013, at his home in Berkeley. Mr. Nakadegawa had been suffering from congestive heart failure for some time. Mr. Nakadegawa served on the AC Transit Board for 20 years, from 1972 to 1992. He then served on the BART Board for 12 years from 1992 to 2004. After he left the BART Board, he joined the Board of TRANSDEF (Transportation Solutions Defense and Education Fund), a non-profit environmental organization created by transit activists…

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Validation: It’s a Funny Concept

Validation: It’s a Funny Concept 08/22/13 Filed in: High-Speed Rail Fearing an infinite number of lawsuits challenging the issuance of High-Speed Rail bonds, the California High-Speed Rail Authority filed an arcane  legal maneuver in the Sacramento Superior Court, seeking to force anyone wanting to sue to put up or shut up. The maneuver is called a Validation  Suit. After the Authority has filed its Opening Brief, it asks all persons that are interested in challenging the issuance of bonds to come forward to file an Objection. After the Authority files a reply brief, the Court will then rule on whether challenges to the issuance of bonds are forever banned. An especially fascinating aspect…

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Killer Ruling on HSR Compliance

Killer Ruling on HSR Compliance 08/16/13 Filed in: High-Speed Rail Court Rules High-Speed Rail Not Compliant with Bond Measure Sacramento Superior Court Judge Michael Kenny issued a ruling Friday that the Funding Plan for the $8 billion High-Speed Rail project in the Central Valley is legally defective because it fails to meet the requirements of Proposition 1A, the High-Speed Rail Bond measure. The landmark case, Tos v. California High-Speed Rail Authority, was filed by a farmer, a rural homeowner and Kings County. The Court agreed that the Authority’s Funding Plan failed to validly certify that for the Merced to San Fernando Valley segment of the project, all environmental clearances had been completed and that sufficient funding…

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HSRA seeks federal protection from lawsuits

HSRA seeks federal protection from lawsuits 08/09/13 Filed in: High-Speed Rail  The California High-Speed Rail Authority filed a brief today asking the State Court of Appeal to dismiss the Atherton petitioners’ appeal on the grounds that the federal Surface Transportation Board had asserted federal jurisdiction over its project. This brief involved a massive amount of gall, seeing as the High-Speed Rail Authority had not applied to the STB for permission to construct its project until very recently, long after all the briefing in this case had been filed. All materials related to the appeal are available here. Tags: CEQA, HSR Litigation

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Is California Serious about Reducing GHGs?

Is California Serious about Reducing GHGs? 08/05/13 Filed in: Climate Change The Air Resources Board is updating its Scoping Plan, California’s master strategy to reduce greenhouse gases under AB 32. TRANSDEF submitted a wide-ranging set of suggestions which emphasized the need for the Board to set stringent regional greenhouse gas emissions reductions targets, required under SB 375, that will achieve lower emissions from cars and light trucks. The targets set by the Board in 2010 were per capita numbers that, because they were lower than the rate of population growth, lead to increases in GHGs, contrary to the intent of…

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Historic Court Hearing on May 31

Historic Court Hearing on May 31 05/27/13 Filed in: High-Speed Rail Department 31 of Sacramento Superior Court will be the location of the oral argument scheduled for 9 am on Friday, May 31, 2013 in the case Tos v.  California High-Speed Rail Authority. The Tos plaintiffs, two farmers and Kings County, are asking the Court to declare that the Authority has failed to meet the statutory requirements of Proposition 1A. Two out of ten claims asserted by the plaintiffs will be argued on Friday, with the balance to be considered after a decision is issued. Plaintiffs assert the Authority’s Funding Plan failed to validly certify that for the Merced to San Fernando Valley segment of…

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