News & Analysis as of

CA Supreme Court ICCTA

Downey Brand LLP

Update: SCOTUS Declines Review of Friends of the Eel River CEQA Preemption Decision

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The United States Supreme Court will not be taking up the California Supreme Court’s July 2017 decision in the Friends of the Eel River case. In that decision, authored by Chief Justice Cantil-Sakauye, the California Supreme...more

Sheppard Mullin Richter & Hampton LLP

Faceoff with Federal Government Possibly Looming Following California Supreme Court CEQA Ruling; Cal High Speed Rail Project Also...

In July 2017, the California Supreme Court determined the federal Interstate Commerce Commission Termination Act of 1995 (49 U.S.C. § 10101 et seq.) (“ICCTA”) does not preempt the application of the California Environmental...more

Perkins Coie

CA Supreme Court Holds CEQA Not Preempted by Federal Rail Transportation Law for Projects Carried Out by State Agencies

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The California Supreme Court has issued its decision in Friends of the Eel River v. North Coast Railroad, an important case regarding preemption of state environmental law by the Interstate Commerce Commission Termination Act...more

Holland & Knight LLP

Calif. High Court: U.S. Rail Law Doesn't Categorically Pre-empt CEQA on Public Entity Projects - Decision Sets Up Showdown with...

Holland & Knight LLP on

The California Environmental Quality Act (CEQA), Cal. Pub. Res. Code §21000 et seq., imposes significant procedural and substantive requirements on private and public projects throughout the state. However, even a state law...more

Best Best & Krieger LLP

CEQA Not Preempted in State-Owned Rail Project - California Supreme Court Decision Could Impact High-Speed Rail Project

In a decision that could have significant implications for California’s high-speed rail project, the California Supreme Court recently held in Friends of the Eel River v. North Coast Railroad Authority that the federal...more

Downey Brand LLP

“Self-Governance,” Not “Regulation”: California Supreme Court Rules No Federal Preemption of CEQA under ICCTA for State-Owned Rail...

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On July 27, the California Supreme Court released its long-awaited decision in Friends of the Eel River v. North Coast Railroad Authority (S222472), resolving a split among the State’s courts of appeal—but arguably...more

Miller Starr Regalia

California Supreme Court Holds CEQA Applies to State Entity’s Railroad Project on State-Owned Rail Line As Act of...

Miller Starr Regalia on

On July 7, 2017, the California Supreme Court filed its 69-page opinion, written by Chief Justice Cantil-Sakauye and joined by five other justices, in Friends of the Eel River v. North Coast Railroad Authority, et al. (2017)...more

Downey Brand LLP

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

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On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

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