I agree SAD, SMART has shoot themselves in the foot because instead of standing up by themselves they allow outside forces to push them around. Instead of sticking with its mission of providing commute service, the Marin County suit has "forced them" to address the proposed freight train frequency. Before SMART's mission was set in stone, the freight agreement with NCRA was negotiated
and agreed upon. It gives NCRA a "freight easement" on SMART owned tracks. There was no stipulation as to number of trains or when they would run. The agreement acknowledged the pre-existing NWP Railroad and that freight trains were running on it that franchise would be protected.