Opponents of HSR Strike Back

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

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Court of Appeal Hits HSR Critics Hard

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…

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Suit Challenges HSR Funding: Says It Worsens Climate Change

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…

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Appeals to be heard in May

Appeals to be heard in May 04/30/14 Filed in: High-Speed Rail Oral argument on three cases involving the CA HSR Authority will be heard by the Court of Appeal in Sacramento in May. The Town of Atherton appeal will be heard at 2:00 on Tuesday, May 20. The Extraordinary Writ for both the Tos case  and the Validation case will be heard at 9:30 on Friday, May 23. The Court is located at 914 Capitol Mall, Sacramento. Tags: HSR Litigation

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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

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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

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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…

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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

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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…

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