First, the letter was not a lawsuit, it was a letter. As with others here, I don't see the words lawsuit in it anywhere. However, it clearly sets out NWP's position and if a suit (or proceeding before STB) occurs, the letter clearly describes the basic structure of the case.

Next, if it truly is supposed to be a 45 mph railroad for freight (were the old tracks good for that?), then 15 mph gauntlet tracks for freight at the stations are a problem. Freight trains don't stop there; passenger trains do. So it makes sense for the gauntlet track to be used by passenger instead of freight (with higher-speed switches of course) to reduce operational problems for both. That's what other systems do, as documented in the letter.

The spurs are an interesting question. Other railroads actively remove switches because they don't want spur tracks off main lines. If they're not actively used, they're a maintenance and potential derailment issue, not to mention adding a few bumps to the ride for other trains. So SMART isn't out of the ordinary in wanting them gone. However, most of those "other railroads" are Class I's and large regionals. The freight service on NWP is anything but "through" and those spurs are its business. So SMART has a problem: how do you provide service for the freight line (which they are supposed to do) while maintaining the ride etc. for passengers? The way is to install new switches of adequate quality with appropriate controls tied into the dispatching system. Not rocket science. On "real railroads" the customer usually has to pay for those, but if they already have (had) one they should not have to pay for a replacement if it's for the railroad's benefit not theirs. If SMART's worried that some are in inconvenient locations on the main line, there's a solution that's been around for almost 200 years: the drill track. The Long Island Railroad (to which SMART will hardly be comparable in passenger traffic density) also has freight service, and spurs, and of course drill tracks.

Pulling out the freight line's only real yard, and key passing sidings, is just dumb. Do these people not talk to each other? (Given what's been posted here, and in the news, I don't think that question really needs an answer.)

Bottom line: If SMART continues with it's (no-)freight-related activities, this letter provides the basic case that will be filed, somewhere. SMART & NWP (NCRA) need each other to maintain that line, and freight service is useful in the North Bay even if only "as needed" on a terminal switching line. Good move, though, to try to bring MTC into it - without their funding SMART wouldn't exist, and bankers often can provide a pointed education if they see their investment at risk.