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California Environmental Quality Act Public Projects High-Speed Rail

Best Best & Krieger LLP

California’s Bullet Train Can’t Sidestep CEQA, Court Says

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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

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...

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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

Perkins Coie

California Supreme Court Poised To Decide Key CEQA Questions: The Court’s Lineup For 2015

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The California Supreme Court’s involvement in CEQA cases has been relatively limited since he statute’s enactment in 1970, with the court taking  review of at most one or two appellate court decisions a year.  The last two...more

Buchalter

The Federal Surface Transportation Board Finds California Environmental Quality Act Preempted as Applied to High-Speed Rail...

Buchalter on

In a surprising decision, Surface Transportation Board Decision, Docket No. FD35861, December 12, 2014 (“Docket”), the Federal Surface Transportation Board (“Board”) ruled that the application of the California Environmental...more

Miller Starr Regalia

“Making CEQA A Federal Case? Recent Actions of California’s Supreme Court and the Federal Surface Transportation Board Set Up A...

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Controversy has dogged the California high speed rail project since before its inception with the 2008 passage of Proposition 1A, the bond measure providing the project’s initial funding. The controversy has not abated in the...more

Stoel Rives LLP

High Speed Rail Moves Forward Without CEQA Review

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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...more

Beveridge & Diamond PC

California High-Speed Rail: If You Build It, Will They Come?

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“If your friends ask you what’s happening with that High-Speed Rail, you can tell them construction has started.” That’s what the Northern California Regional Director for the California High-Speed Rail Authority told us the...more

Miller Starr Regalia

High Court Tackles CEQA Future Baselines In Neighbors For Smart Rail Decision

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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

Sheppard Mullin Richter & Hampton LLP

Unusual Circumstances: California Supreme Court Upholds Limited Use of Future Conditions Baseline Under CEQA

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

Stoel Rives LLP

CEQA Baseline Analysis: Future Conditions Baseline Should Be The Exception Not The Rule When Agency Reviews Environmental Impacts,...

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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

Manatt, Phelps & Phillips, LLP

Supreme Court Allows Future Conditions to Be Used as the Baseline Under Limited Circumstances

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

Allen Matkins

California Supreme Court Weighs in on the CEQA Projected Baseline Issue

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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

Pillsbury Winthrop Shaw Pittman LLP

Like Athena From the Head of Zeus: Neighbors for Smart Rail Authorizes Future Baselines in CEQA Review

A new California Supreme Court decision, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, authorizes reliance on anticipated future conditions as the “baseline” for evaluating impacts of long-term...more

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