The judge has made his ruling stopping the NCRA and NWP looks like they did try and skirt the CEQA process.
MARIN (Calif.) INDEPENDENT JOURNAL January 25, 2008
Setback for Novato Rail Project
BY Joe Wolfcale

The North Coast Rail Authority must halt all construction associated with its attempt to bring rail service to Novato, a Marin County judge said Thursday.
Judge James Ritchie, upholding much of his preliminary ruling, concluded that the Ukiah-based rail agency violated California Environmental Quality Act guidelines in moving forward with the project and that an environmental analysis must be completed for work launched after Jan. 7.
“The city is very pleased with the outcome,” said City Attorney Jeff Walter.
The merits of the case will be heard Feb. 26.
Christopher Neary, the rail authority’s Willits-based attorney, said the Jan. 7 date affects only one contract. The city urged the date be set at Oct. 15, a move that would have affected a number of contracts.
“In his tentative ruling, that would have prohibited us from getting reimbursed on (other) contracts, a monumental impact on us,” Neary said. “We appreciate the fact that the judge took the time to think things through, reason it out and come to the decision he did,” Neary said.
“It will be a relatively minor impact on us.”
In his ruling Judge Ritchie said the rail authority may have violated environmental laws by filing disputed notices of exemption before project approval, and by entering into contracts and allowing work to begin before environmental analysis.
Ritchie said the rail agency was attempting to skirt the law by claiming an analysis was not necessary for the construction work itself, but only for the operation of the railway.
Ritchie said the entire project, whether broken up geographically, by phases of construction and operation, or otherwise - must be considered in an environmental analysis.
“That’s essentially what we’ve been saying all along,” Novato City Manager Dan Keen said.
Neary said he believes the rail agency followed proper procedures.
The judge emphasized in his seven-page ruling that no conclusions have been reached as to whether the railway expansion is appropriate or not.
The city filed suit Sept. 28, saying freight trains in Novato could pose traffic problems, safety hazards and noise and that the rail agency needed to complete an environmental report. The judge denied the city’s request for a temporary restraining order, allowing the agency to continue construction.
Officials are preparing a $2.4 million report on the rail plan and it should be available in May, outlining impacts of a plan that could send as many as 32 trains, each pulling up to 60 cars, through Novato every week at speeds of up to 40 mph.
Contact Joe Wolfcale via e-mail at jwolfcale@marinij.com