HSR Opponents Vow To Continue Litigation

Contention over how California's high speed rail train from Los Angeles should access the Bay Area appears to be the dispute that won't go away. Having just lost their case in court only 2 weeks ago, approval of the Pacheco Pass may continue.

2 minute read

September 7, 2010, 9:00 AM PDT

By Irvin Dawid


On Sept. 2, the High Speed Rail Authority Board voted once again to confirm the routing to the Bay Area using Pacheco Pass. The vote comes after a Sacramento Superior Court Judge Michael Kenny rejected opponents claims on August 23. Opponents are a mix of peninsula cities (Menlo Park, Atherton), environmentalists (Planning and Conservation League), and transportation groups (CA Rail Foundation) who oppose the High Spreed Rail Authority's plan to use the southern Pacheco Pass entrance from Merced as opposed to the northern Altamont Pass gateway from Stockton.

"If you approve this, you are going to be heading back to court again and, I would predict, to another adverse decision," said Stuart Flashman, an attorney representing Menlo Park and Atherton in a suit that forced the authority to revisit the environmental study and alignment choice."

"Now that the authority has approved the revised report and reaffirmed its choice of the Pacheco Pass, it has to return to court to show it has satisfied the judge's order. Flashman said his clients will argue that the authority has failed to do so."

From Palo Alto Weekly, August 24: "Judge won't reopen high-speed-rail challenge

Court rejects Peninsula coalition's bid to reopen the case to force rail authority to revise ridership number
: "Kenny wrote in his ruling that the coalition failed to demonstrate that the new evidence would have led to a different ruling a year ago. He faulted the plaintiffs for not discovering the flaws in the ridership model before last year's ruling and also wrote that the coalition had not exhausted all of its legal avenues."

Thanks to David Simon

Friday, September 3, 2010 in San Francisco Chronicle

portrait of professional woman

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 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 Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

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

June 11, 2025 - Diana Ionescu

Rendering of Shirley Chisholm Village four-story housing development with person biking in front.

San Francisco's School District Spent $105M To Build Affordable Housing for Teachers — And That's Just the Beginning

SFUSD joins a growing list of school districts using their land holdings to address housing affordability challenges faced by their own employees.

June 8, 2025 - Fast Company

Yellow single-seat Japanese electric vehicle drivign down road.

The Tiny, Adorable $7,000 Car Turning Japan Onto EVs

The single seat Mibot charges from a regular plug as quickly as an iPad, and is about half the price of an average EV.

June 6, 2025 - PC Magazine

White Waymo autonomous car driving fast down city street with blurred background at night.

Seattle's Plan for Adopting Driverless Cars

Equity, safety, accessibility and affordability are front of mind as the city prepares for robotaxis and other autonomous vehicles.

4 hours ago - Smart Cities Dive

Two small wooden one-story homes in Florida with floodwaters at their doors.

As Trump Phases Out FEMA, Is It Time to Flee the Floodplains?

With less federal funding available for disaster relief efforts, the need to relocate at-risk communities is more urgent than ever.

5 hours ago - Governing

People riding bicycles on separated bike trail.

With Protected Lanes, 460% More People Commute by Bike

For those needing more ammo, more data proving what we already knew is here.

June 16 - UNM News