ANTITRUST and COMPETITION - German Court asks ECJ About Review of Rail Station Fees - The Berlin Higher Regional Court has lodged a request for a preliminary ruling with the European Court of Justice (ECJ) concerning railway...more
California voters reject measure to expand rent control - Bullet SFGate – November 4 - Voters on Tuesday soundly rejected a ballot measure that would have let California cities expand rent control in a state where...more
As physical signs of California’s $64 billion railroad project come into focus across the State, a potential faceoff with the federal government regarding its jurisdiction over state environmental laws, at least with regard...more
The California High-Speed Rail Authority (“CHSRA”) is gaining more steam in keeping the High-Speed Rail Project (the “Project”) on track. Today, the California Supreme Court issued a decision declining to review an appellate...more
Famed French writer Victor Hugo said, "There is one thing stronger than all the armies in the world, and that is an idea whose time has come." Repurposing the Railroad Rehabilitation Improvement Financing program (RRIF) is an...more
A ruling by the Sacramento County Superior Court has presented a major roadblock to the California High-Speed Rail Authority’s (“Authority”) high-speed rail project (“Project”). On November 25, 2013, Judge Michael Kenny...more
The parties in a pending Sacramento Superior Court action, Tos, et. al. v. California High Speed Rail Authority, et al., have submitted supplemental briefing in preparation for a hearing next week...more
The California High-Speed Rail Authority (“Authority”) had a major setback on Friday when Sacramento County Superior Court Judge Michael Kenny ruled that the Authority had “abused its discretion by approving a funding plan...more
In a much-anticipated decision filed August 5, 2013, the California Supreme Court held that CEQA requires a lead agency to assess a project’s environmental impacts against an “existing conditions” baseline – and consequently...more
On August 5, 2013, the California Supreme Court issued a split decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, et al. The court held that a lead agency may choose to avoid using an...more
In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (filed August 5, 2013) (“Neighbors”), a majority of the California Supreme Court justices announced a new rule regarding the baseline agencies may...more
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (August 5, 2013, S202828) __ Cal.4th __(“Neighbors”). What is the baseline against which environmental impacts are measured? There has been...more
On August 5, 2013, the California Supreme Court issued its decision in Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (S202828), which attempted to answer once and for all whether a lead agency can...more