Re: SMART vs NCRA/NWP
Author: mook
Date: 10-21-2016 - 16:40

That is certainly related to the "main question" - can SMART enforce a contract that says that the way they want to interpret it? But it's not what the 10/20 action was about - denying a preliminary injunction because there's a workaround for the immediate issue (the cars that aren't at Schellville yet) doesn't imply any particular answer regarding the contract itself. I wouldn't be a bit surprised if STB eventually does go along with SMART, but they have to think on it a bit more to work out the precedents that could be established.

Really, it's like the oil train debacles. The refineries want to add capacity to handle bigger oil trains (most can already handle some cars, just not 100s); they argue interstate commerce; but it isn't, it's a local impact issue (direct effect) that in California expands due to CEQA to cover a wider area alongside the likely transportation routes (cumulative effect). Some local agencies ignore all of that (there are ways to do that in CEQA; just be prepared to defend it in court) because they want the jobs and tax revenues (improvements increase property value, which increases taxes). Others decide they're willing to forego it (Benicia and SLO, recently; don't worry, they'll be sued for saying "No" too) for environmental impact reasons. Whatever SMART's reasons are for their part of this mess (NWP isn't blameless, circumstantially), they can easily play it in the second category.



Subject Written By Date/Time (PST)
  SMART vs NCRA/NWP Michael the Train Guy 10-21-2016 - 08:40
  Re: SMART vs NCRA/NWP T1 10-21-2016 - 11:45
  Re: SMART vs NCRA/NWP Nudge 10-21-2016 - 12:48
  Re: SMART vs NCRA/NWP OPRRMS 10-21-2016 - 15:21
  Re: SMART vs NCRA/NWP Nudge 10-21-2016 - 16:41
  Re: SMART vs NCRA/NWP mook 10-21-2016 - 13:48
  Re: SMART vs NCRA/NWP An Observer 10-21-2016 - 15:06
  Re: SMART vs NCRA/NWP OPRRMS 10-21-2016 - 15:32
  Re: SMART vs NCRA/NWP mook 10-21-2016 - 15:43
  Re: SMART vs NCRA/NWP Espee99 10-21-2016 - 16:04
  Re: SMART vs NCRA/NWP OPRRMS 10-21-2016 - 16:12
  Re: SMART vs NCRA/NWP OPRRMS 10-21-2016 - 16:07
  Re: SMART vs NCRA/NWP mook 10-21-2016 - 16:40
  Re: SMART vs NCRA/NWP OPRRMS 10-21-2016 - 16:57
  Re: SMART vs NCRA/NWP Jack O. Lantern 10-21-2016 - 21:27
  Re: SMART vs NCRA/NWP theconductor 10-22-2016 - 00:46
  Re: SMART vs NCRA/NWP OPRRMS 10-23-2016 - 12:11
  Re: SMART vs NCRA/NWP mook 10-23-2016 - 14:05
  Re: SMART vs NCRA/NWP Kim 10-23-2016 - 14:53
  Re: SMART vs NCRA/NWP Ex-Marinite 10-23-2016 - 16:12
  Re: SMART vs NCRA/NWP HUTCHski 7.62X54R 10-21-2016 - 21:38
  Re: SMART vs NCRA/NWP - Press-Democrat story Ex-Marinite 10-21-2016 - 21:16
  Re: SMART vs NCRA/NWP - Press-Democrat story Mike Pechner 10-21-2016 - 22:59


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