The action of expedited hearing is not unusual or that dramatic in this case. The problem is that, so far, those suing have had some pretty solid wins. And, the finding that the State Treasurer Bill Lockyer sought is even more problematic in preventing Prop. 1A bond funds from being used to match federal funds.

These Federal funds lapse, if not fully obligated, and failure to provide match is grounds for FRA withholding release of funding and full obligational authority. The Authority is now counting on using cap and trade funds for carbon emissions reductions (as a "loan")to fund the match of the FRA ARRA funds.

Since the cost benefit of this type of "carbon" offset is among the worst possible uses (replacing aged air conditioning in public buildings and schools would be far more cost effective and actually save taxpayers money in electrical costs>)the serious environmental groups and many in the legislature are having a cow (so much for "super" majority on this one?).

The proposed project, still backed by Brown, was fatally flawed before Brown was even elected. The current project is the product of years of bad planning, based on no real rail transportation needs, a visionary system based upon false assumptions about aviation capacity, and an almost bizarre "Freudian" fixation with the maximum speed (ours is faster than yours, regardless of costs or benefits.

That this proposed version of a "High Speed Rail" system seems to bear no relationship to how Californian's actually travel, or observed travel needs in our congested interurban and intercity freeway corridors is also apparent in the current CHSRA proposed system. Thus, we now have a bloated, legally troubled, financially unsustainable mess proposed by the CHSRA that has been the result of the waste of over a billion dollars in planning, which now proposes a set of improvements from nowhere to nowhere, with no benefits to our gridlocked population, without a "blank check" by taxpayers to ultimately complete something?

If Brown wants to create a legacy like his father, who planned and built a good part of our current freeway "system", then he needs to let go of this, and move to Plan B.

Such a plan would call for building outward from our urban centers and building dual use improvements on the existing systems (like double track, speed improvements, grade separation), extending those systems (like LOSSAN to Santa Clarita and Lancaster, or Baby bullet trains extended direct to the San Joaquin Valley via Altamont), and continue with major terminal improvements for future high speed access (like the Transbay terminal extension and the Union Station run through track). Sensible investments that are needed long term, and are immediately useful to millions of commuter and intercity passengers, right now.

This will require bi-partisan support to reprogram and extend these soon to be lapsing funds. And, unfortunately, like so many issues today, the apparent majority of thieve and the craziest loons that dominate both parties in Congress would have to act like adults, and compromise. Will that occur, we shall see?

Right now, this project is in deep do do, as these legal issues are not going away, and even the FRA staff and DOT appear to be putting some distance between themselves and this "high speed" fiasco in CA......?