The judge has ruled in the TRO that NCRA violated
CEQA and they must analyze the environmental impacts
of the "whole of the project" prior to proceeding
with the repairs.

The NCRA EIR on freight operations
is "implicitly" covered by this ruling, but, hey,
it's not clear Chris Neary (NCRA's legal counsel) understands CEQA. So, we
don't know what the NCRA will do with the EIR pertaining
to freight operations.

While judges can and occasionally do reverse
prior rulings, the likelihood is that he
won't change the ruling in the trail. The reason:
the evidence is overwhelming that the NCRA was
set up and ultimately intends to restart freight
to Eureka. Documents submitted to the CTC say so.
There is an MOU with the Harbor District, statements
at Board meetings, memos, etc. all stating that the
plan is to bring freight service to Eureka.

Apparently, this is how SMART's legal team also
interpreted the law as they analyzed the cumulative
impacts associated with restarting freight to Eureka.