Call me crazy, but aren't the same protection of fish and environmental issues currently in the California Supreme Court with the North Coast Railraod Authority vs Friends of The Eel River. The railroad is claiming pre-emption of federal law and the Friends are saying that the railroad must follow environmental laws and environmental impact reports, studies and findings. So unlike CalTrans, the railroads have a extra special deal passed passed by congress and signed into federal law, which is superior to the Alameda County Water Districts.
Public Law 104–88
104th Congress
‘‘The Interstate Commerce Commission Terminaion Act of 1995’’.
Just read the first ten pages or so. You will see the railroads are immune from most Local and state laws.
Call me crazy, but was it a year or two ago, didn't the Port of Tillamook Railroad have a similar issue with the State of Oregon and the repair of a washout on the Salmonberry River. The state said no. Any work will hurt fish. The railroad sued and won under the federal pre-emption laws. It also happen to BNSF when they wanted to reopen some line that was shut down in Washington State, Local government sued under environmental rules and laws to stop the railroad. But isn't BNSF running trains on those tracks today? The same thing will happen with the Alameda water district and it's water rights.
Call me crazy, but there is no doubt about it. Niles Canyon Museum days are numbered. I am sorry that all the groups very hards work has been wasted. Don't get mad at me. I just read what ACE said they were going to do in that report somebody post a week ago. These guys from ACE and the new Valley Railroad Authority are on very solid ground.