Not so fast, Ms. Mitsy, ESQ. You are not totally correct. Ownership of the right of way and any agreements for use of publicly-owned ROW are irrelevant to the STB (See the various decisions involving ROW owned by public agencies such as Metra, NICTD, Metro-North, SEPTA and the like.) Attachment of CEQA to NCRA's project arises solely as a result of the source of the money. If John Williams had used private money for these projects, then any attempt to assert CEQA -- or any other state or local law or regulation limiting railroad operations -- would have resulted in a declaratory order from the STB barring enforcement of such laws and regulations. Moreover, the Ninth Circuit has, without exception, upheld the STB authority in these matters and cert is always denied. Having said that, however, if the private operator voluntarily agrees to make itself subject to such local and state laws and regulations, then one can enforce compliance with such agreements through the state courts and local contract law without objection from the STB. Absent such a caveat, the STB will jealously and vigorously defend its authority and not even the property owner can enforce compliance with any laws or regulations outside of STB purview.