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Re: NCRA-Novato Hearing Delayed until Nov 4th
Author: Mitsy, ESQ
Date: 10-31-2008 - 13:24
I believe you're referring to press reports regarding Jeff Walter's response to
Mr. Arnold. I don't think the city attorney answered the question that was asked.
It's a complicated legal question and it is precisely the same
issue raised by Mike Pechner. If the track repair project is held up
pending the completion of a full EIR on "the whole of the project" then
there is no lifting of the emergency orders shutting down the rail
operations. Without the lifting of the order, I think, (and Mike Pechner may
have a different opinion) there is no legal pathway for the STB to intervene.
The track repair EIR is a state matter, and the EIR is required by state law
on a state owned ROW.
Freight companies are typically exempted from performing federal EIS' on track
repairs by the STB. But that is when the private companies are performing
repairs on privately owned ROWs. And, I believe, the state can not impose
CEQA requirements on such activities.
Mr. Arnold. I don't think the city attorney answered the question that was asked.
It's a complicated legal question and it is precisely the same
issue raised by Mike Pechner. If the track repair project is held up
pending the completion of a full EIR on "the whole of the project" then
there is no lifting of the emergency orders shutting down the rail
operations. Without the lifting of the order, I think, (and Mike Pechner may
have a different opinion) there is no legal pathway for the STB to intervene.
The track repair EIR is a state matter, and the EIR is required by state law
on a state owned ROW.
Freight companies are typically exempted from performing federal EIS' on track
repairs by the STB. But that is when the private companies are performing
repairs on privately owned ROWs. And, I believe, the state can not impose
CEQA requirements on such activities.
