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Realities of NWP Situation
Author: Chris
Date: 02-25-2010 - 08:50
1) The list contained in the spring are not requirements for FRA approval per se.
Dave Anderson explained at the last NCRA Board meeting that these were lists of
improvements submitted to the FRA in order to qualify for a $3MM loan. Some of the improvements might qualify for a higher classification, allowing for faster speeds, but they were not required in order to get the emergency order lifted.
2) Calls to the FRA Sacramento office indicate there has as yet not been
an inspection, even a preliminary inspection, of the work performed to date.
3) While the FRA review process occurs, the NCRA will still be required to
complete and certify a legal EIR. This process is likely to hold up rail start up for
several years, as it is unlikely that the NCRA's EIR will pass muster with
the courts over several core environmental issues that have been resolved
years ago. The key one: segmentation.
I know this bothers readers of this site, however, the courts have established the legal standard. As far as I know, it will not be legally possible to segregate the Russian River Division from northern sections of the track. The court case is expected to be long because
either side is expected to appeal the outcome. If the NCRA loses in court (as is expected)
it would be required to produce an EIR for impacts on a section of track
that the most avid railfan recognizes as being unlikely to see rail service
for the forseeable future.
Dave Anderson explained at the last NCRA Board meeting that these were lists of
improvements submitted to the FRA in order to qualify for a $3MM loan. Some of the improvements might qualify for a higher classification, allowing for faster speeds, but they were not required in order to get the emergency order lifted.
2) Calls to the FRA Sacramento office indicate there has as yet not been
an inspection, even a preliminary inspection, of the work performed to date.
3) While the FRA review process occurs, the NCRA will still be required to
complete and certify a legal EIR. This process is likely to hold up rail start up for
several years, as it is unlikely that the NCRA's EIR will pass muster with
the courts over several core environmental issues that have been resolved
years ago. The key one: segmentation.
I know this bothers readers of this site, however, the courts have established the legal standard. As far as I know, it will not be legally possible to segregate the Russian River Division from northern sections of the track. The court case is expected to be long because
either side is expected to appeal the outcome. If the NCRA loses in court (as is expected)
it would be required to produce an EIR for impacts on a section of track
that the most avid railfan recognizes as being unlikely to see rail service
for the forseeable future.
