A Flurry of Amicus Briefs Hit Court

A Flurry of Amicus Briefs Hit Court 04/26/14 Filed in: High-Speed Rail Transportation agencies, worried that they could lose their funding from the HSR Bond, filed amicus briefs with the Court of Appeal, as did Sen.  Galgiani, the author of AB 3034. The briefs and their replies can be found here. Tags: HSR Litigation

Continue reading

Cap and Trade for HSR: Scientifically Worthless

Cap and Trade for HSR: Scientifically Worthless 04/19/14 Filed in: High-Speed Rail TRANSDEF released its analysis today of the CHSRA’s Contribution of the High-Speed Rail Program to Reducing California’s Greenhouse Gas Emission Levels (June 2013). In short, the construction of HSR would generate more greenhouse gases (GHGs) than it would reduce, for at least 2 decades. Because of this, it would be illegal to use cap and trade funds, which are intended to reduce GHGs, to build HSR. What’s especially surprising about the CHSRA’s report is its overtly deceitful manner of hiding its construction emissions, and its failure to provide comprehensive emissions numbers, despite being tasked by the Legislature with identifying the project’s net GHG…

Continue reading

Court of Appeals to CHSRA: No Way

Court of Appeals to CHSRA: No Way 04/15/14 Filed in: High-Speed Rail The Court of Appeal summarily dismissed the CHSRA’s second Petition for Extraordinary Writ of Mandate, saying in effect that there were no legal grounds upon which to grant relief. It is expected that the desperate CHSRA will attempt to get relief from the California Supreme Court, where success is exceedingly unlikely. See all the legal papers. Tags: HSR Litigation

Continue reading

Authority Appeals Yet Another Decision

Authority Appeals Yet Another Decision 03/21/14 Filed in: High-Speed Rail In a fascinating demonstration of desperation, the Attorney General filed a second Petition for Extraordinary Writ on behalf of the CHSRA, challenging the March 4, 2014 ruling in Tos that denied its request to end the Tos proceedings. CHSRA had requested a judgment on the pleadings already filed in the case. The Court ruled that a trial be held to determine whether the Authority’s HSR project complies with Proposition 1A. The Court of Appeal will decide in the near future whether to call for further briefing or dismiss the petition. The same Court of Appeal has ordered oral argument in the Atherton II appeal for May…

Continue reading

Court Rules Against Authority, Again

Court Rules Against Authority, Again 03/04/14 Filed in: High-Speed Rail Sacramento Superior Court Judge Michael Kenny ruled today that the CHSRA had to stand trial on the question of whether its HSR plan complied with the requirements of Proposition 1A. The Authority had sought to end the case. Tags: HSR Litigation

Continue reading

TRAC Issues Plan B

TRAC Issues Plan B 02/24/14 Filed in: High-Speed Rail The Train Riders Association of California has issued its Plan B, what to do when the HSRA’s project craters. The Plan strategically attempts to use the $2.4 billion in federal ARRA funds before they expire in 2017. This Plan B differs from TRANSDEF’s Plan B, which proposed a wholesale revision of Proposition 1A and a repurposing of the entire $6 billion dollars appropriated for the Central Valley project. That plan has much greater uncertainties, because it would require a return to the voters. The time involved in doing that, given the very short timelines for construction, favors taking a more strategic approach. Hence, TRAC’s…

Continue reading

Three Cases Await Decisions

Three Cases Await Decisions 01/31/14 Filed in: High-Speed Rail Filings are now complete in the three currently pending HSR cases: The Sacramento Superior Court, Department 31, will hold a hearing on Friday, February 14 on the Defendant’s Motion for Judgment on the Pleadings. (See bottom of this page  for filings.) The Court of Appeal has a Petition for Extraordinary Writ (initially filed with the Supreme Court) before it. A Preliminary Opposition was filed by the Tos Plaintiffs and Kern County. The Court of Appeal will decide in the near future whether to call for further briefing or dismiss the petition. And finally, the Court of Appeal is also considering the issue of federal preemption of CEQA raised by the…

Continue reading

Flash Bulletin | High-Speed Rail | TRANSDEF

Flash Bulletin 01/29/14 Filed in: High-Speed Rail The California Supreme Court has ordered the transfer of the California High-Speed Rail Authority’s Extraordinary Writ petition to the Court of Appeal, thereby demonstrating its independence and commitment to the law, not to mention its unwillingness to do the bidding of the Governor. Tags: HSR Litigation

Continue reading

Dan Walters: the Beginning of the End

Dan Walters: the Beginning of the End 01/28/14 Filed in: High-Speed Rail In a column that is amazingly aligned with plaintiffs’ legal positions posted on this site, Dan Walters observes the desperation in Governor Brown’s move to request the California Supreme Court to give relief to the California High-Speed Rail Authority. [Please note that Judge Kenny is erroneously identified as Judge Kelly in this piece.] Tags: HSR Litigation

Continue reading