Supreme Court Hears from Far and Wide 10/03/14 Filed in: High-Speed Rail After receiving an Answer from the California High-Speed Rail Authority, petitioners for review filed their replies. A large group of distinguished organizations, elected officials and governmental entities filed amicus curiae letters with the Supreme Court, requesting that it review the HSR cases. See this page. Tags: HSR Litigation
TRAC Ideas Exposed in the Bee 09/29/14 Filed in: High-Speed Rail | Transportation Planning The Train Riders Association of California, TRAC, got the opportunity to put its ideas out in the State Capital’s leading newspaper, the Sacramento Bee. Hopefully, it will strike a chord with political leaders. Here’s the link to the Viewpoint article. Tags: TRAC
CHSRA Blocked by Mountains 09/27/14 Filed in: High-Speed Rail The Bakersfield Californian broke a striking story today about previously undisclosed problems getting over the Tehachapis. The serious problems in finding an acceptable route could result in a dramatic increase in cost. They could also force a slowing down of the train, which could result in the statewide project becoming infeasible because of not meeting the required 2 hour 40 trip time from SF to LA. An internal report to the CHSRA disclosed that the grades of the route over the Tehachapis are so steep that they exceed the Authority’s standards,…
CHSRA Tries to Ditch CEQA 09/22/14 Filed in: High-Speed Rail After losing part of an appellate decision, the California High-Speed Rail Authority filed a request with the California Supreme Court today, asking it to depublish the 7/31/14 ruling. That would mean no other court could consider the ruling to be precedent, thereby making it easier to argue that CEQA doesn’t apply to railroad projects that are under the jurisdiction of the Federal Surface Transportation Board. All the papers are posted at the bottom of this page. Tags: HSR Litigation, CEQA, Preemption
Wall Street Journal Editorial on HSR Case 09/13/14 Filed in: High-Speed Rail In a stunning editorial entitled California’s Democratic Derailment, the Wall Street Journal calls upon the California Supreme Court to save democracy by overturning the appellate decision that declared the CHSRA’s violation of Proposition 1A unenforceable: The Wall Street Journal/ Opinion, Sept. 13, 2014) California’s Democratic Derailment Politicians ignore the legal caveats that voters added to the bullet train In theory at least, courts and ballot referenda are checks on legislative tyranny. A California appellate court has effectively done away with both by ruling that the legal…
TRAC Opposes Palmdale Focus 09/04/14 Filed in: High-Speed Rail | Transportation Planning The TRAC Board of Directors adopted a Resolution opposing the California High-Speed Rail Authority’s new-found interest in the Palmdale to Burbank route. Instead, the Resolution proposes that the funding available for HSR be used to create benefits for passengers in the near-term. Tags: TRAC
HSR Opponents Seek Supreme Court Review 09/02/14 Filed in: High-Speed Rail Attorneys challenging the California High-Speed Rail Authority’s bond funding presented a press conference today to explain the petition they filed or will be filing with the California Supreme Court. The petitions ask the Supreme Court to review the Third District Court of Appeal decision overturning two trial rulings that had hamstrung Californiaʼs High-Speed Rail project. The Appellate Court had ruled that “The Legislature appropriated the bond proceeds based on the preliminary funding plan, however deficient, and there is no present duty to redo the plan.” The Court also held that no evidence was needed to show that it was “necessary or desirable” to…
Opponents of HSR Strike Back 08/13/14 Filed in: High-Speed Rail After the Court of Appeal decision was released, HSR opponents didn’t take the defeat lying down. Instead, they filed two Petitions for Rehearing, asking the Court to reopen the case and allow further briefing and a hearing. Specifically, they claimed that the Court had used legal arguments and case authorities that hadn’t been briefed by the parties. Under these circumstances, they are entitled to a rehearing. See the petitions at the bottom of this page. Tags: HSR Litigation
Court of Appeal Hits HSR Critics Hard 07/31/14 Filed in: High-Speed Rail The Third District Court of Appeal issued rulings in the Atherton II appeal that addressed federal preemption and the Authority’s Extraordinary Writ petition recently. Both of them were very hard on HSR critics. See the posts at the bottom of the pages for links to the rulings and brief explanations. COURT OF APPEAL ALLOWS HIGH-SPEED RAIL TO VIOLATE BOND MEASURE The Third District Court of Appeal late yesterday overturned two trial rulings that had hamstrung California’s still-embattled High-Speed Rail project.The Court ruled that “The Legislature appropriated the bond proceeds based on the preliminary funding plan, however deficient, and there is no present duty to…
Suit Challenges HSR Funding: Says It Worsens Climate Change 06/23/14 Filed in: High-Speed Rail | Climate Change TRANSDEF, the Transportation Solutions Defense and Education Fund, announced that it filed suit in Fresno County Superior Court today challenging the Governor’s fallback funding scheme for High-Speed Rail (HSR). HSR was included in the list of measures to reduce greenhouse gas (GHG) emissions contained in the Update to the Scoping Plan recently adopted by the California Air Resources Board (ARB). The Scoping Plan is California’s master strategy for responding to climate change. TRANSDEF’s attorney, Stuart Flashman, commented: “As a former scientist, I was disappointed that ARB ignored the scientific evidence. The huge spike in cement production needed to build all…