And the CEQA case continues ....

Challenge to North Coast freight train to be heard in Marin court
By Nels Johnson
Marin Independent Journalmarinij.com

Posted: 08/14/2012 03:57:37 PM PDT


A lawsuit challenging the adequacy of an environmental report on Northern California freight service planned by the North Coast Rail Authority will be heard in Marin County Superior Court.

Marin Superior Court Judge Faye D'Opal rejected a bid by the authority to shift the lawsuit to another county, saying the authority was not "situated" in Marin. D'Opal noted that the authority, based in Ukiah, serves Marin as a public agency and includes two Marin representatives on its board.

Friends of the Eel River hailed the decision, saying the environmental report was flawed and adding, "We want the railroad to operate legally, clean up their toxic wastes, avoid future damages to the Eel River, and be responsible to the environmental standards." The group contends the authority has ignored the impact of plans to rebuild a rail line through the Eel River Canyon.

Rail attorney Christopher Neary said he will ask the 1st District Court of Appeal to review the case, saying the lawsuit should be heard in a "neutral" county. The Eel River group used to list a San Rafael address, and Marin supervisors have joined in past litigation against the rail agency, he said.