Three Peninsula Cities File Another Lawsuit Against Ca HSR Authority

It was to be expected. After the first lawsuit was dismissed, the plaintiff's attorney warned that the revised environmental document was inadequate. Menlo Park and Atherton were joined by Palo Alto as well as some non-profits.

1 minute read

October 6, 2010, 10:00 AM PDT

By Irvin Dawid


The first lawsuit forced the High Speed Rail authority to decertify the Program Environmental Impact Report. It was revised, meeting the court-ordered revisions, and certified on Sept. 2. The nearby cities of Burlingame, Belmont, and Redwood City had considered joining the lawsuit but chose not to 'at this time'.

"The suit is the second legal challenge Peninsula cities have brought against the project. In 2008, Menlo Park, Atherton and four environmental groups filed a similar suit over the authority's decision to bring trains through the Pacheco Pass. Palo Alto later filed a brief supporting that suit.

A judge dismissed that suit, but not before ordering the rail authority to revisit the proposed route between San Jose and San Francisco and adjust its report."

From Palo Alto OnLine: Palo Alto, Menlo Park, Atherton sue rail authority:

"The new lawsuit argues that because the broad program EIR violates state law, any project EIR based on it would also be illegal and "will result in irreparable harm" unless invalidated by the court."

Thanks to MTC Library

Tuesday, October 5, 2010 in Daily News via Silicon Valley Mercury News

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