Lawsuit Settled, CA HSR Authority Ready to Purchase Property

A major environmental lawsuit against the High Speed Rail Authority brought by Central Valley farmers and other parties was settled on April 18, clearing the way for initial construction to begin on the 30 mile corridor between Madera and Fresno.

2 minute read

April 22, 2013, 10:00 AM PDT

By Irvin Dawid


KQED printed the press release also available as a PDF on the rail authority's webpage.

This settlement agreement brings to an end the final California Environmental Quality Act lawsuit challenging the Merced to Fresno project section Environmental Impact Report. The agreement provides for the preservation of important farmland and mitigation of effects of high-speed rail construction on agricultural operations.

Julliet Williams of The Associated Press also wrote of the settlement. Her piece was widely covered in the media including The Huffington Post. She included an additional development - a setback for the rail authority. The Surface Transportation Board, a division of the U.S. Dept. of Transportation, ruled that it has jurisdiction over the $68 billion, 800-mile California project, meaning potential setbacks for the authority as it has additional regulations. The authority had applied for an exemption.

[Note: See Huffington Post Video: Update on President Obama's high speed rail stimulus Investments - that appears at the bottom of the article].

Sharon Bernstein of Reuters writes, "With the lawsuits settled, the state is now free to begin purchasing land for the first leg, said Lisa Marie Alley, a spokeswoman for the High Speed Rail Authority."

With the settlement, construction is set to begin this summer for the southern part of the initial, 60-mile Merced-to-Fresno segment.

This is the second development in this court case. The farming parties had asked last October for an injunction to halt all work in the corridor until the April hearing, but the judge denied the request. 

The authority won a crucial victory in March in another contested corridor - the San Francisco Peninsula, when it rejected a 2008 lawsuit brought by Atherton, Menlo Park, and Palo Alto that had forced the Authority to redo their environmental impact report.

They are not out of the legal woods yet though. Robert Cruickshank writes in the California High Speed Rail Blog of a remaining suit brought by "Kings County, farmer John Tos and Hanford resident Aaron Fukuda (who) charge that the rail authority’s plans are illegal under Proposition 1A, the $9.9 billion high-speed rail bond measure approved by California voters in 2008. That suit, which hopes to block the sale of bonds, will be heard in Sacramento in late May."

Stay tuned. While the rail authority is batting really well, the game isn't over.

Thursday, April 18, 2013 in KQED

Sweeping view of Portland, Oregon with Mt. Hood in background against sunset sky.

Oregon Passes Exemption to Urban Growth Boundary

Cities have a one-time chance to acquire new land for development in a bid to increase housing supply and affordability.

March 12, 2024 - Housing Wire

Aerial view of green roofs with plants in Sydney, Australia.

Where Urban Design Is Headed in 2024

A forecast of likely trends in urban design and architecture.

March 10, 2024 - Daily Journal of Commerce

Cobblestone street with streetcar line, row of vintage streetlights on left, and colorful restaurant and shop awnings on right on River Street in Savannah, Georgia.

Savannah: A City of Planning Contrasts

From a human-scales, plaza-anchored grid to suburban sprawl, the oldest planned city in the United States has seen wildly different development patterns.

March 12, 2024 - Strong Towns

Aerial View of Chuckanut Drive and the Blanchard Bridge in the Skagit Valley.

Washington Tribes Receive Resilience Funding

The 28 grants support projects including relocation efforts as coastal communities face the growing impacts of climate change.

March 18 - The Seattle Times

Historic buildings in downtown Los Angeles with large "Pan American Lofts" sign on side of building.

Adaptive Reuse Bills Introduced in California Assembly

The legislation would expand eligibility for economic incentives and let cities loosen regulations to allow for more building conversions.

March 18 - Beverly Press

View from above of swan-shaped paddleboats with lights on around artesian fountain in Echo Park Lake with downtown Los Angeles skylien in background at twilight.

LA's Top Parks, Ranked

TimeOut just released its list of the top 26 parks in the L.A. area, which is home to some of the best green spaces around.

March 18 - TimeOut

News from HUD User

HUD's Office of Policy Development and Research

Call for Speakers

Mpact Transit + Community

New Updates on PD&R Edge

HUD's Office of Policy Development and Research

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.