California’s high-speed train project is likely to continue to be buffeted by environmental challenges as a result of a decision by the state’s top court.Rent-seekers lose one in court via regulation! Imagine that.
In a 6-1 ruling last week written by Chief Justice Tani Cantil-Sakauye, the California Supreme Court decided that federal rail law does not usurp California’s tough environmental regulation for state-owned rail projects.
The decision has broad significance, lawyers in the case said.
It clears the way for opponents of the $64-billion bullet train to file more lawsuits as construction proceeds and also allows Californians to challenge other rail uses, such as the movement of crude oil from fracking.
A federal court could later decide the matter differently, ruling that U.S. law trumps state regulation.
But lawyers in the field said they expect a similar case pending in the U.S. 9th Circuit Court of Appeals to be dismissed and expressed doubt that the U.S. Supreme Court would review last week’s ruling.
The high-speed rail line is supposed to run between San Francisco and Anaheim.
So far there have been about a half a dozen lawsuits challenging environment impact reports for two rail segments in the Central Valley. Three of the suits are still pending.
More lawsuits are expected when the rail authority finalizes plans for construction in the San Francisco Bay Area and Southern California.
Monday, July 31, 2017
California high speed rail likely to face more environmental challenges after high court ruling
The L.A. Times reports:
