Imperial Valley Press

California Supreme Court ruling bolsters bullet train foes.

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SAN FRANCISCO (AP) — U.S. law does not allow state-owned rail projects to completely bypass California’s strict environmen­tal regulation­s, the state Supreme Court said Thursday in a decision that ensures further legal complicati­ons for the planned $64 billion bullet train between Los Angeles and San Francisco.

The high court overturned a lower court ruling and gave renewed hope to those who have used the California Environmen­tal Quality Act to challenge the high-speed rail project championed by Gov. Jerry Brown.

“It basically says that California has a right to control its own railroads and decide whether they should be required to consider carefully the environmen­tal impacts of their projects,” said Stuart Flashman, who represents several San Francisco Bay Area cities in a lawsuit that claims the bullet train project violates state environmen­tal law.

Richard Frank, an environmen­tal law expert at the University of California, Davis School of Law, said the ruling, however, was not a “sweeping or unqualifie­d victory” for those who have challenged the high-speed rail project. That’s because the court also said in some cases, U.S. law will trump the state’s statute.

“The standard that the California Supreme Court sets here is a fact-based one,” he said. “In some circumstan­ces, there will be federal pre-emption but not on a blanket basis.”

The case pitted the state’s High-Speed Rail Authority against Central Valley farmers concerned about the bullet train’s effect on agricultur­al land.

In a 6-1 ruling, the state Supreme Court said a lower court interprete­d federal law too broadly when it said the U.S. trumped state environmen­tal review for projects involving railroad operations.

The ruling came in a lawsuit that challenged plans to introduce freight trains on a Northern California rail line. The suit was not directly connected to the high-speed rail project, but farmers and the rail authority said in legal briefs before the ruling that the decision could apply to it.

“Our legal team is still evaluating today’s ruling to determine what, if any, impacts it would have on the high-speed rail project,” said Lisa Marie Alley, a spokeswoma­n for the High-Speed Rail Authority.

Alley said the agency has been conducting both federal and state environmen­tal reviews and plans to keep doing so.

Writing for the majority, Chief Justice Tani Cantil-Sakauye said it was highly unlikely that Congress intended to leave the state “without any means of establishi­ng the basic principles under which it will undertake significan­t capital expenditur­es” on a rail project.

The ambitious highspeed rail project has faced numerous lawsuits alleging violations of the state environmen­tal law. Those could have disappeare­d if the California justices had ruled the other way.

The rail authority also could have been freed from a host of regulatory and procedural requiremen­ts that might slow constructi­on of the line.

The push to avoid the state environmen­tal law may seem ironic for a signature project of Brown, who has positioned himself as a leader on environmen­tal issues.

But the rail authority said to be successful, it must be subject to the same regulation­s as other railroads.

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