The California High-Speed Rail Authority (“CHSRA”) issued a press release with the status of its construction work for the high-speed rail project (the “Project”) at seven active sites in the Central Valley. Many of the Project’s segments in Madera and Fresno are beginning to see development; the foundation has been established in several sections, rebar
High Speed Rail
High-Speed Rail Authority Issues Progress Report
The High-Speed Rail Authority (“HSRA”) issued a progress report for the High-Speed Rail Project (the “Project”) last week, describing the HSRA’s challenges and successes to date.
One of the highlights of the report was the HSRA’s January groundbreaking in Fresno for the first segment of the Project’s 520-mile route. The report also discusses the progress…
High-Speed Rail Authority Under Fire for Disrupting San Joaquin Kit Fox Habitat
On January 26, the U.S. Fish and Wildlife Service (“USFWS”) issued a letter to the California High-Speed Rail Authority (the “Authority”) that found that the Authority’s contractors are not in compliance with the Authority’s original environmental commitments to the USFWS in performing the preliminary work on the first segment of the high-speed rail project (the…
Public Works Board Moving Forward with Condemnations as High Speed Rail Project Breaks Ground
As the High Speed Rail Authority (“Authority”) prepares to begin construction this week of the first segment of the High Speed Rail Project (the “Project”), the State Public Works Board is concurrently scrambling to consider resolutions of necessity to acquire property for the first segment within Fresno and Madera counties. Because of the recent litigation…
High Speed Rail Moves Forward Without CEQA Review
The Surface Transportation Board (“STB”) issued a declaratory order in a 2-1 vote last Friday, finding that the California Environmental Quality Act (“CEQA”) is categorically preempted by federal law, as it relates to the Fresno to Bakersfield segment of the California High-Speed Rail Project (“HSR Project”).
Section 10501(b) of Title 49 of the United States Code provides that remedies with respect to rail transportation are exclusive and preempt remedies provided under State or Federal law. The STB has previously ruled that states or localities are precluded from intruding into matters directly regulated by the STB, in particular when the state or local action would have the effect of foreclosing or unduly restricting the rail carrier’s ability to conduct its operations or otherwise unreasonably burden interstate commerce.
Under this section, the STB could not overlook the fact that CEQA, as a state pre-clearance requirement, could ultimately deny or significantly delay the High-Speed Rail Authority’s (the “Authority”) right to construct a railroad line. This would directly defy the STB’s exclusive jurisdiction over a project that it regulates. Even if it could be argued that the Authority created an implied agreement by voluntarily beginning the CEQA process, the STB concluded that any such agreement would unreasonably interfere with interstate commerce because it would prevent the Authority from exercising its authority to construct the rail line, which it had been previously authorized to do by the STB.
Continue Reading High Speed Rail Moves Forward Without CEQA Review
Update on the California High Speed Rail System
James Andrew, Assistant Chief Counsel for the California High-Speed Rail Authority (“CHSRA”), spoke Tuesday, October 14, at the Sacramento County Bar Association, Environmental Law Section Luncheon. He stated that High-Speed Rail (“HSR”) is a “transformative project” in that it will be the largest infrastructure project ever built as one single project. However, the “regulatory scheme has not caught up with the project.” Andrew compares HSR to the federal highway system construction in the 1950s, with countless opponents and regulatory hurdles. Similarly, HSR is being constructed in California in the same manner as the federal highway system: in the center and branching outward.
To show that HSR can be a success, Andrew explained that HSR is comparable to the Northeast Corridor, a high speed rail system that runs from Washington, D.C. to Boston. The two regions are similar in terms of distance of rail, population, and complexity of issues. According to reports, over 11 million people rode the Northeast Corridor during 2012.Continue Reading Update on the California High Speed Rail System
California Legislature Prepared to Approve Cap-and-Trade Funds for High Speed Rail Project
The Sacramento Bee has reported that the Legislature’s budget proposal for the high-speed rail project has been finalized. Gov. Jerry Brown and Democratic lawmakers have agreed to use 25 percent of future cap-and-trade funds, totaling $250 million, to continue construction of the $68 billion California High-Speed Rail Project (the “Project”). The floor votes for the…
High-Speed Rail Fresno to Bakersfield Route Approved
The California High Speed Rail Authority’s (the “Authority”) Board of Directors unanimously voted on Wednesday to certify the Final Environmental Impact Report/Environmental Impact Statement for the Fresno to Bakersfield alignment of the high-speed rail project (the “Project”) and approve the selected alignment. Click HERE for a map of the approved alignment. The Federal Railroad Administration…
High Speed Rail Authority’s Appraisal Process Questioned
Two Republican State Assemblymen (Jim Patterson, R-Fresno and Frank Bigelow, R-O’Neals) submitted a request to the Joint Legislative Audit Committee on Tuesday for an investigation into the California High Speed Rail Authority’s (“Authority”) appraisal process, assessment of land values, and the role of private contractors in the Authority’s acquisition of 356 parcels in the Central…
High Speed Rail Gets Green Light from Feds
The Obama Administration finally gave its formal approval to the California High-Speed Rail Authority to begin construction of the high-speed railway beginning in the Central Valley. The approval, which came in the form of a formal “record of decision” from the Federal Railroad Administration, gives the green light to the Authority to begin acquiring hundreds…
Kings County Sues To Derail California’s High-Speed Rail Project
Unlike most of California’s Central Valley counties, such as Merced and Fresno, which have consistently supported the High Speed Rail (“HSR”) project, Kings County has been openly opposed to the plan to construct a high speed rail through its fertile farmland. That opposition reached a flashpoint yesterday as Kings County, and two Kings County…