Judge Ritchie's ruling on the injunction states in part
(can be found at Marin County Superior Court website). I guess
the NCRA is not above the law.

THE COURT IS INCLINED TO GRANT THE PETITION IN PART.

IT APPEARS THAT NCRA VIOLATED CEQA BY FILING THE DISPUTED NOTICES OF EXEMPTION BEFORE PROJECT APPROVAL, AND BY ENTERING INTO CONTRACTS AND ALLOWING WORK TO COMMENCE BEFORE PERFORMING THE REQUIRED CEQA ANALYSIS. IT ALSO APPEARS THAT NCRA WAS ATTEMPTING TO AVOID CONDUCTING CEQA REVIEW BY CLAIMING THAT AN ENVIRONMENTAL IMPACT REPORT (“EIR”) WAS NOT NECESSARY FOR THE CONSTRUCTION WORK ITSELF, BUT WAS NECESSARY ONLY FOR THE PLANNED OPERATION OF THE RAILWAY. INSTEAD, THE “WHOLE” PROJECT - - WHETHER BROKEN UP GEOGRAPHICALLY, BY PHASES OF CONSTRUCTION
AND OPERATION, OR OTHERWISE -- MUST BE CONSIDERED IN CEQA
ANALYSIS.