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Re: Novatans musn’t eavesdrop on suit
Author: Q
Date: 05-01-2008 - 19:36
The fact remains that federal law preempts the state on all railroad matters, public or private - in all fifty states. Whhatever the states can do is only what federal law expressly permits. If the ctc says they need an EIR, and the Feds say they don't - well then they don't.
AS I said before, Neither CalTrain, BART, Metrolink, or San Diego County, all pumping millions of state money into r.o.w maintenance, are required to file EIR for maintenance, unless new construction is included. I asked friends that work there - I also asked my boss at the agency I work at (that's right - don't accuse me of being a railfan - If anything, I'm a techno-geek).
Bumping the class designation of trackage (which is not being done at the NCRA) is a federal matter, and does not particularly imply any material improvements to any facility at all - even if it was being done at NCRA. Class designation is an agreement between the railroad and the FRA that a certain section of track will be maintained to a specified maintenance standard. The FRA will then regulate the railroad (public or private) accordingly.
Track classification standards involve such matters as how many track defects(and types - spalded rail, loose spikes, loose bolts, splintered ties, and such) per set distance are to be allowed without setting a slow order. Also defined in the standards is such things as tamping and alignment tolerances and other similar attributes - the lower the class, the greater the deviance from design and frequency of deviation that is allowed. The track class can be changed up or down with FRA agreement. As long the physical design has not materially changed, an EIR is not required.
Not even a change in rail weight is a significant design change - happens all the time during maintenance. But even if design has materially changed, unless it involves much earth- moving, the resultant impact on the environment is usually miniscule and undetectable - what's to write about in an EIR anyway.
The point is - No other Califonia state agency is required to file an EIR for maintenance - whatever maintenance standard is enforced upon them by the FRA. If the C.T.C. really did tell the NCRA they needed one (I wonder), they were clearly wrong.
Some over-zealous enviromental extremist at the C.T.C. probably saw his or her chance to impose their own agenda - and took it. So much for the rule of law! Then a bunch self-centered crybaby NIMBYs submit a frivolous claim to an unqualified judge without proper jurisdiction, and he then does what he damn well pleases too. So much for the rule of law - again!
Why do I care? It's my livelyhood - the more trackage in service the better. Besides, I believe in it. I believe it is for the good of all - especially to rescue the dying North Coast economy; which of course, the railroad would only be a small part of.
Yeah, I know - that last part is not politically correct in California - or even cool with the druggy elitist snobs that inhabit the region. If they really are the vast majority - we're done for.
What is cool? - Viva la Backyard!
No matter who gets screwed!
AS I said before, Neither CalTrain, BART, Metrolink, or San Diego County, all pumping millions of state money into r.o.w maintenance, are required to file EIR for maintenance, unless new construction is included. I asked friends that work there - I also asked my boss at the agency I work at (that's right - don't accuse me of being a railfan - If anything, I'm a techno-geek).
Bumping the class designation of trackage (which is not being done at the NCRA) is a federal matter, and does not particularly imply any material improvements to any facility at all - even if it was being done at NCRA. Class designation is an agreement between the railroad and the FRA that a certain section of track will be maintained to a specified maintenance standard. The FRA will then regulate the railroad (public or private) accordingly.
Track classification standards involve such matters as how many track defects(and types - spalded rail, loose spikes, loose bolts, splintered ties, and such) per set distance are to be allowed without setting a slow order. Also defined in the standards is such things as tamping and alignment tolerances and other similar attributes - the lower the class, the greater the deviance from design and frequency of deviation that is allowed. The track class can be changed up or down with FRA agreement. As long the physical design has not materially changed, an EIR is not required.
Not even a change in rail weight is a significant design change - happens all the time during maintenance. But even if design has materially changed, unless it involves much earth- moving, the resultant impact on the environment is usually miniscule and undetectable - what's to write about in an EIR anyway.
The point is - No other Califonia state agency is required to file an EIR for maintenance - whatever maintenance standard is enforced upon them by the FRA. If the C.T.C. really did tell the NCRA they needed one (I wonder), they were clearly wrong.
Some over-zealous enviromental extremist at the C.T.C. probably saw his or her chance to impose their own agenda - and took it. So much for the rule of law! Then a bunch self-centered crybaby NIMBYs submit a frivolous claim to an unqualified judge without proper jurisdiction, and he then does what he damn well pleases too. So much for the rule of law - again!
Why do I care? It's my livelyhood - the more trackage in service the better. Besides, I believe in it. I believe it is for the good of all - especially to rescue the dying North Coast economy; which of course, the railroad would only be a small part of.
Yeah, I know - that last part is not politically correct in California - or even cool with the druggy elitist snobs that inhabit the region. If they really are the vast majority - we're done for.
What is cool? - Viva la Backyard!
No matter who gets screwed!
