High-Speed Rail Lawsuit Ruling: California Plan Doesn't Violate Bond Act

The lawsuit by Kings County et.al. was a significant threat to California's $64 billion rail plan, based on the plan's ability to meet the terms promised in the 2008 proposition, such as travel time due to sharing tracks with Caltrain.

3 minute read

March 9, 2016, 1:00 PM PST

By Irvin Dawid


The California High-Speed Rail Authority's relief was displayed by a "breaking news" notice on its homepage on Tuesday, March 8: "Today's ruling confirms that we are indeed delivering a fast, modern and environmentally-friendly high-speed rail system that meets the voter-approved requirements under Proposition 1A."

On Feb. 11 in Sacramento County Superior Court, "attorneys for Kings County and two Central Valley farmers argued that the California bullet train project violates state law because it is not financially viable, will operate slower than promised and has compromised its design by using existing shared tracks in the Bay Area," wrote Ralph Vartabedian and Marc Vartabedian for the Los Angeles Times earlier.

"The ruling [PDF] by Sacramento County Superior Court Judge Michael Kenny is a blow to efforts to stop the project and boosts California’s $64 billion plan to develop a system of high-speed electric trains to ultimately connect Los Angeles and San Francisco...," writes Tim Sheehan for The Fresno Bee. "But Kenny’s ruling could still be appealed to a state appellate court."

However, all is not copacetic for the High-Speed Rail Authority, as the plaintiffs' attorney noted. In short, the authority can't tap the majority of the $9.95 billion, 2008 bond measure.

“Though the high-speed rail authority may have won this round, the ruling … provides ominous signs about the Authority’s future use of bond funds,” said Oakland attorney Stuart Flashman. “It notes that while the court considers it premature to find the system non-compliant, in its present stance it does not appear that use of bond funds would be permissible.”

See Flashman make his case to The Fresno Bee on Feb. 11 in this video, along with a response from Authority spokesperson Lisa Marie Alley.

The authority has been "relying on about $3 billion in federal transportation and stimulus funds as well as cap-and-trade money from the state’s greenhouse gas-reduction program," writes Sheehan. "[Judge Kenny] added that until the rail authority submits a new financing plan that meets the bond act’s requirements, none of [the bond funds] can be used for construction."

Sheehan lists the opponents' points which they believe violate Prop 1A, which were dismissed, though not entirely, by Judge Kenny:

  • "That a proposed “blended” system in which high-speed trains would share upgraded and electrified tracks with the Caltrain commuter rail line between San Jose and San Francisco is inconsistent with what voters approved in the ballot measure."

'It appears at this time that the authority does not have sufficient evidence to prove the blended system can currently comply with all of the Bond Act requirements,” Kenny wrote. However, he added, "the authority may be able to accomplish these objectives at some point in the future. This is an ongoing, dynamic, changing project."

  • "That the proposed route would be unable to meet Prop. 1A’s requirement to provide a nonstop, 2-hour 40-minute ride between San Francisco and Los Angeles...
  • "That the system would not be financially viable and could not be realistically expected to meet the law’s mandate to cover its operating costs without any subsidy of public funds."
"This was the second portion of the long-running Kings County lawsuit Kenny has ruled on since it was filed more than four years ago," writes Sheehan. "In November 2013, Kenny ruled in favor of the Kings County plaintiffs in the first part of the case." The outcome was overturned at state appellate court, and the state Supreme Court refused to hear an appeal.

Hat tip to Darrell Clarke, transit advocate.

Tuesday, March 8, 2016 in The Fresno Bee

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

A pencil rendering of Foundry Park, which shows skyscrapers and public green spaces.

Chicago breaks ground on $3 billion megadevelopment

The new neighborhood, titled Foundry Park, will one day host 3,700 residences.

October 23, 2026 - Chicago Sun Times

A rendering of a high speed rain station in California, with wide platforms and a sleep train with yellow highlights.

California High-Speed Rail Authority CEO resigns after $600,000 scandal

Under Ian Choudri, the authority used taxpayer dollars to fund first class flights and trips to nightclubs.

October 30 - Cal Matters

 A bridge stretches across the Missouri River at Chamberlain, South Dakota.

Want to study the Missouri River? Soon, you may need unanimous approval from 10 states

Legislation would require 10 governors’ permission to study or build projects moving water outside the basin.

October 30 - South Dakota Searchlight

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30 - Yale Environment 360