Our Legal Team Has Been Busy

Our Legal Team Has Been Busy 10/17/12 Filed in: High-Speed Rail Round 2 On October 15, 2012, petitioners in the Atherton I and Atherton II cases filed their Appellants Opening Brief, challenging several elements of a  largely favorable court ruling back in February. For the brief, and details, see this page. Round 3 Two days later, our team filed an Objection to the Authority’s Return on the Writ. This is a procedure in which the High-Speed Rail Authority,  represented by the Attorney General’s office, is seeking to demonstrate that it has completed a series of actions ordered by the Court, back in February. The Authority claims that its April 2012 Partially Revised Final Program EIR complies…

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Taxpayer Lawsuit Against HSRA Files New Complaint

Taxpayer Lawsuit Against HSRA Files New Complaint 07/06/12 Filed in: High-Speed Rail Attorney Michael Brady, representing plaintiffs John Tos, Aaron Fukuda, and Kings County, filed a lawsuit back in November 2011, asserting that no Proposition 1A funds could legally be spent on the proposed Central Valley project by the California High-Speed Rail Authority. The Authority  struck back and asked the Court to dismiss the lawsuit in a motion called a Demurrer. After the Court sustained the Demurrer with leave to amend on June 22, Attorney Brady filed a Second Amended Complaint on July 6. Because the  State Senate was debating a funding measure for High-Speed Rail that afternoon, he brought with him one…

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HSRA Approves Pacheco Yet Again

HSRA Approves Pacheco Yet Again 04/19/12 Filed in: High-Speed Rail On April 19, in accordance with writs issued by the Sacramento Superior Court in response to litigation by TRANSDEF and its allies, the CA High-Speed Rail Authority rescinded its previous certification of the 2010 Revised Final Program EIR for the Bay Area to Central Valley portion of its HST project, and rescinded its approval of the Pacheco route. After that action, the Board certified a Partially Revised Final Program EIR and adopted the Pacheco route. While the result was the same as its 2010 action, this time was different. Authority…

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Yet Another HSR DEIR

Yet Another HSR DEIR 02/21/12 Filed in: High-Speed Rail TRANSDEF, the Planning and Conservation League, the California Rail Foundation and the Community Coalition on High-Speed Rail filed  comments on the Partially Revised Draft EIR today. This is the HSR Authority’s third attempt to come up with a legally defensible EIR for the Bay Area to Central Valley portion of the Statewide HSR project. TRANSDEF and its allies, which include the cities of Atherton, Menlo Park, and Palo Alto, successfully challenged the previous EIRs. These comments propose an entirely new Altamont route, based on the Altamont Corridor Rail Project Preliminary Alternatives Analysis Report. (See an earlier Newsletter for an overview of this exciting project.)…

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Court Rules Again Against HSRA

Court Rules Again Against HSRA 11/10/11 Filed in: High-Speed Rail On Thursday, November 10, Judge Michael Kenny of the Sacramento Superior Court released a pair of decisions 38 and 40 pages long, invalidating the Environmental Impact Report for the Central Valley to Bay Area section of the California High-Speed Rail project–for the second time. The Judge found that the California High-Speed Rail Authority had failed to adequately address a series of challenges raised by the Petitioners, comprised of the Town of Atherton, the City of Menlo Park, the City of Palo Alto, the California Rail Foundation, the Transportation Solutions Defense…

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Round 2 in HSR Litigation

Round 2 in HSR Litigation 10/04/10 Filed in: High-Speed Rail A coalition of three cities, three environmental organizations, two citizens’ groups and a taxpayer today filed suit challenging the Environmental Impact Report for the high-speed rail connection between the Central Valley and the Bay Area.  The report was issued by the California High-Speed Rail Authority, which is responsible for planning a  statewide high-speed rail system. Five of the parties had challenged the previous version of the report, resulting in the court throwing it out and ordering it rewritten. The cities of Palo Alto, Menlo Park, and Atherton joined the California Rail Foundation, the Transportation Solutions Defense and Education Fund and the Planning and Conservation…

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