Passenger Trains > Rock, paper, HSR

Forget scissors, rocks and paper - HSR trumps all!
Well, maybe all but the Feds...


FresnoBee.com

U.S. board: Federal law on high-speed rail trumps state environmental lawsuits

http://www.fresnobee.com/2014/12/15/4287088/us-board-says-federal-law-trumps.html?sp=/99/406/

The U.S. Surface Transportation Board, in a ruling issued late Friday, declared on a 2-1 vote that the California Environmental Quality Act, or CEQA, “is categorically pre-empted” in connection with the Fresno-Bakersfield route, which the federal panel OK’d for construction earlier this year.

“CEQA … by its very nature, could be used to deny or significantly delay an entity’s right to construct a line that the (federal) board has specifically authorized,” the ruling stated, “thus impinging upon the board’s exclusive jurisdiction over rail transportation.”

Therefore, board chairman Daniel Elliott III and vice chairwoman Deb Miller stated, lawsuits against the rail line — filed under CEQA by plaintiffs in Kings and Kern counties in Sacramento County Superior Court — and the ability of state judges to issue injunctions to halt work are barred by a federal law that “expressly pre-empts any state law attempts to regulate rail construction projects.”

- more via the link

/Mitch

Well, finally some pushback against environmental authoritarianism and a nod toward progress.

Praise be...

Danny Harmon
Tampa

Isn't it because of our own Jeff Denham, (R) representing Turlock, CA, that we got this CEQA run-around? He helped block funding, asked for Surface Transportation Board (STB) oversight and states that only NEC should get high speed money?

The STB now says it is interstate commerce and state and local laws can't supercede the federal and California is dedicating a Cap-and-Trade funding stream to building without federal help. It will get done, and this brings us one giant step closer.

Plus, groundbreaking is supposed to be the day after Jerry Brown's innaugeration, finally.

Jim Montague
IRVINE, CA
Train and Nature photo Art

If you California folks like this ruling; then I'm happy for you--it's your project to build.

To me, it's somewhat encouraging that the STB was not afraid to take a stand against a politically influential group like environmentalist.

Now, the big question is--will they be equally unafraid to stand up against the financial power of the Norfolk Southern; and decide fairly if Amtrak is entitled to reparation for all those Lake Shore Ltd. delays, etc.

Joe

Nah, "paper stops HSR". Lawsuits, ballots, etc.

Tor in Eugene

Torisgod Wrote:
-------------------------------------------------------
> Nah, "paper stops HSR". Lawsuits, ballots, etc.
>
> Tor in Eugene

To the contrary. ballots are what made this project possible!

The lawsuits are fizzling out, it seems!

Likewise the environmental crowd.


reindeerflame Wrote:
-------------------------------------------------------
> Torisgod Wrote:
> --------------------------------------------------
> -----
> > Nah, "paper stops HSR". Lawsuits, ballots, etc.
> >
> > Tor in Eugene
>
> To the contrary. ballots are what made this
> project possible!
>
> The lawsuits are fizzling out, it seems!

While I think there are plenty of problems with this project, the various "fights" do drive me nuts. But I'll be surprised if the STB decision holds up in court, seems like they are stretching things a bit here on the Fed vs States issue.

Nathan