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High-speed rail wins legal battle

Sacramento judge rules in rail authority's favor in Peninsula's lawsuit

An effort by Peninsula cities to stop California's high-speed-rail project came to a screeching halt Thursday when a Sacramento County judge upheld the California High Speed Rail Authority's environmental-review process for the highly controversial project.

The lawsuit was the second one brought against the California High-Speed Rail Authority by Atherton, Menlo Park and Palo Alto. In the first suit, which required the rail authority to revise parts of its Environmental Impact Report, Palo Alto filed a "friend of the court" brief in support of the plaintiffs.

The three cities, along with several coalition groups, had argued since 2008 that the rail authority failed to adequately review the Altamont Pass before it chose the Pacheco Pass as its preferred alternative for the Peninsula segment of the San Francisco-to-Los Angeles line. The cities had challenged the rail authority's ridership projections for the Pacheco segment and argued that the agency did not adequately describe the project in its program-level Environmental Impact Report (which is broader and more general in scope than the project-specific reviews).

The rail authority's CEO, Jeff Morales, released a statement celebrating the court ruling, citing Judge Michael Kenny's finding that the plaintiff "adequately disclosed to the public how the project would be implemented and described in adequate detail what the environmental consequences of such implementation would be."

"This is an important ruling and is testament to the fact that the Authority is committed to delivering the high-speed rail project in accordance with the law and in partnership with the public," Morales said. "We continue to move forward to start construction this summer and create thousands of jobs in California."

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The ruling could be a mixed blessing for the cities. Since the second lawsuit was launched, the project has transformed markedly and the once controversial four-track design has been scrapped in favor of the "blended approach" under which high-speed rail shares tracks with Caltrain on the Peninsula.

The rail bill approved by the state Senate last fall also allocates $1.1 billion for long-awaited improvements to the Caltrain corridor. This will include $700 million for electrification of the popular but cash-strapped system – a project that the agency has been studying for more than a decade. The funding may have been in jeopardy had the lawsuit gone the cities' way.

Last week, state Sen. Jerry Hill, D-San Mateo, proposed a bill that would further lock in the funds for Caltrain.

The ruling is the latest of several notable victories for the once beleagured rail authority. Last year, the state Senate approved by a single vote funding for the first segment of the rail line, which would be constructed in the Central Valley. Kenny's ruling in favor of the authority allows the rail project to bypass another potential delay.

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Gennady Sheyner
 
Gennady Sheyner covers the City Hall beat in Palo Alto as well as regional politics, with a special focus on housing and transportation. Before joining the Palo Alto Weekly/PaloAltoOnline.com in 2008, he covered breaking news and local politics for the Waterbury Republican-American, a daily newspaper in Connecticut. Read more >>

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High-speed rail wins legal battle

Sacramento judge rules in rail authority's favor in Peninsula's lawsuit

An effort by Peninsula cities to stop California's high-speed-rail project came to a screeching halt Thursday when a Sacramento County judge upheld the California High Speed Rail Authority's environmental-review process for the highly controversial project.

The lawsuit was the second one brought against the California High-Speed Rail Authority by Atherton, Menlo Park and Palo Alto. In the first suit, which required the rail authority to revise parts of its Environmental Impact Report, Palo Alto filed a "friend of the court" brief in support of the plaintiffs.

The three cities, along with several coalition groups, had argued since 2008 that the rail authority failed to adequately review the Altamont Pass before it chose the Pacheco Pass as its preferred alternative for the Peninsula segment of the San Francisco-to-Los Angeles line. The cities had challenged the rail authority's ridership projections for the Pacheco segment and argued that the agency did not adequately describe the project in its program-level Environmental Impact Report (which is broader and more general in scope than the project-specific reviews).

The rail authority's CEO, Jeff Morales, released a statement celebrating the court ruling, citing Judge Michael Kenny's finding that the plaintiff "adequately disclosed to the public how the project would be implemented and described in adequate detail what the environmental consequences of such implementation would be."

"This is an important ruling and is testament to the fact that the Authority is committed to delivering the high-speed rail project in accordance with the law and in partnership with the public," Morales said. "We continue to move forward to start construction this summer and create thousands of jobs in California."

The ruling could be a mixed blessing for the cities. Since the second lawsuit was launched, the project has transformed markedly and the once controversial four-track design has been scrapped in favor of the "blended approach" under which high-speed rail shares tracks with Caltrain on the Peninsula.

The rail bill approved by the state Senate last fall also allocates $1.1 billion for long-awaited improvements to the Caltrain corridor. This will include $700 million for electrification of the popular but cash-strapped system – a project that the agency has been studying for more than a decade. The funding may have been in jeopardy had the lawsuit gone the cities' way.

Last week, state Sen. Jerry Hill, D-San Mateo, proposed a bill that would further lock in the funds for Caltrain.

The ruling is the latest of several notable victories for the once beleagured rail authority. Last year, the state Senate approved by a single vote funding for the first segment of the rail line, which would be constructed in the Central Valley. Kenny's ruling in favor of the authority allows the rail project to bypass another potential delay.

Comments

kman
Monta Loma
on Mar 1, 2013 at 3:43 pm
kman, Monta Loma
on Mar 1, 2013 at 3:43 pm



High speed rail is nothing but a major Boondoggle that blows ones mind when it comes to waste of taxpayers money. With a cash strapped state that is asking it's citizens to pay more and more, for what, this type of sh** that will be a big money pit? Unbelievable the idiots we have in charge of our state.


ME
North Whisman
on Mar 1, 2013 at 4:47 pm
ME, North Whisman
on Mar 1, 2013 at 4:47 pm

Kudo's to Judge Michael Kenny, the rail authority's CEO, Jeff Morales, and state Sen. Jerry Hill, D-San Mateo, and everyone who supports High Speed Rail. Better late than never!


anti hi speed
Monta Loma
on Mar 1, 2013 at 8:45 pm
anti hi speed, Monta Loma
on Mar 1, 2013 at 8:45 pm

To all of you voted for hi speed rail (which isn't very speedy as it turns out). Thanks a lot, now we are stuck with it. I just love the idea of the great cost, noise, and community disruption with which you have saddled the rest of us.


Steve
Old Mountain View
on Mar 1, 2013 at 10:02 pm
Steve, Old Mountain View
on Mar 1, 2013 at 10:02 pm

High Speed Rail: 19th Century Technology for the 21st Century


Old Ben
Shoreline West
on Mar 2, 2013 at 8:21 am
Old Ben, Shoreline West
on Mar 2, 2013 at 8:21 am

This ridiculous con-game is going to make a few people very rich at the expense of our schools and seniors and ultimately won't accomplish anything. It will never support itself and will require taxpayer subsidies in perpetuity to survive.

I often miss the East Coast, where a simple working person can afford to buy a judge.


THEtruth..
another community
on Mar 2, 2013 at 8:53 am
THEtruth.., another community
on Mar 2, 2013 at 8:53 am

GOOD a small group of people made a huge sideshow act about all the "terror" of rebuild and grade crossing a railroad that they all moved next to on there own free will...Now to get rid of the Teabaggers in congress so funding for something most normal nations around enjoy today...


Ed
Old Mountain View
on Mar 2, 2013 at 9:19 am
Ed, Old Mountain View
on Mar 2, 2013 at 9:19 am

Minor factual error: the respondent (i.e. the CAHSRA) is the party the judge found to have adequately complied with the CEQA, not the plaintiff (Atherton et al).


Rodger
Sylvan Park
on Mar 2, 2013 at 6:43 pm
Rodger, Sylvan Park
on Mar 2, 2013 at 6:43 pm

I hope the cities find a new way to stop High Speed Rail, this project is a waste of money.


Charlie
Gemello
on Mar 3, 2013 at 8:59 pm
Charlie, Gemello
on Mar 3, 2013 at 8:59 pm

High Speed Rail is awesome power for the people to connect with real people throughouf the state in real time. And with less gas and congestion. What it spurs will not only be greater connectivity but more construction all along the route. There are huge contracts being let that will enable the workforce in CA to again be competitive worldwide. I VOTED FOR IT AND I WOULD VOTE FOR IT AGAIN AS WELL AS TO EXPAND IT TO CANADA AND MEXICO IN THE FUTURE.


Old Ben
Shoreline West
on Mar 4, 2013 at 11:54 am
Old Ben, Shoreline West
on Mar 4, 2013 at 11:54 am

Great, Charlie!

You can pay for it. Let them attract private investors. If it's such a great idea, I'm sure they'll have no trouble at all.


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