Re: NWP/NCRA **CTC APPROVES FINAL PAYMENT
Author: Little Lake Listener
Date: 02-18-2008 - 21:06
Er, no! Application of CEQA regulations arises because of the source of the money; i.e., State funds. CEQA regulations attach to the money. Next, the NCRA has not been a federally certificated common carrier since 2001 and it could not assert federal preemption regardless of where the money came from unless it first recovered that federal authority. Presently, NWP Co. has a federal certificate of public convenience and necessity from Willits to Lombard and could, if it chose, elect to make the repairs and improvements with private money and there would be no EIR or EIS regardless of how many trains they run. Under STB regulations (49 C.F.R. §§1150 and 1180), NEPA regulations apply only to applications by railroads proposing a major market extension by either constructing new lines (such as the DM&E) or by acquiring additional, connecting routes (such as CN’s purchase of the EJ&E).