Can CA Gov. Jerry Brown Save High Speed Rail From CEQA?

Gov. Jerry Brown is asking the state legislature to alter the state's environmental law (CEQA) in order to begin construction of the high speed rail project in the Central Valley. It is aimed at heading off lawsuits intended to delay the project.

2 minute read

June 4, 2012, 8:00 AM PDT

By Irvin Dawid


The high speed rail project is under a tight time-frame if it is to qualify for $3.3 billion in federal grants. Lawsuits invoking the California Environmental Quality Act (CEQA) have already been successful in delaying the project.

Mike Rosenberg describes the governor's proposal that is designed to prevent the high speed rail project's opponents from applying CEQA to delay the project, yet not exempt the project all together from the landmark environmental law.

"Under Brown's proposal, train foes would have to prove in court that the project causes major environmental problems, such as wiping out an endangered species or damaging extremely valuable land. In the past, opponents on the (San Francisco) Peninsula have delayed the project by convincing a judge of minor problems -- for instance, that the state did not adequately study track vibrations. And Central Valley farmers Friday filed a lawsuit with a similar strategy in mind.

The Brown administration stresses that the rules would apply only to the bullet train and would not in any way rewrite CEQA or affect the bullet train's environmental reviews."

Amy Wong, writing for Capitol Weekly, notes the time pressure for authorizing the state bond fund or risking losing the federal grants. "U.S. Transportation Secretary Ray LaHood recently urged the Legislature to authorize spending the $2.7 billion state bonds by (June). If it didn't he said, the federal government would rescind the $3.3 billion in federal grants promised to the project and look to other states to absorb the stimulus funds."

Rosenberg writes that "the Legislature, by the end of (June), is planning to vote on the exemptions as part of Brown's proposal to spend $2.7 billion in state bonds, matching $3.3 billion in federal grants, to start building up to 130 miles of high-speed rail track near Fresno later this year".

Brown clearly has upset his allies in the environmental community with this proposal.

"If there is ever a public contemporary project that needs to go through full environmental review, it's this one," said Sierra Club California Director Kathryn Phillips.

"The more (exemptions) are allowed, the more it's going to be sought," said Joel Reynolds, a senior attorney for the Natural Resources Defense Council. It's a "slippery slope. Once you begin slicing away at CEQA, pretty soon the statute is gone."

Thanks to Kathryn Phillips

Friday, June 1, 2012 in San Jose Mercury News

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

Aerial view of town of Wailuku in Maui, Hawaii with mountains in background against cloudy sunset sky.

Maui's Vacation Rental Debate Turns Ugly

Verbal attacks, misinformation campaigns and fistfights plague a high-stakes debate to convert thousands of vacation rentals into long-term housing.

July 1, 2025 - Honolulu Civil Beat

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.

July 2, 2025 - Diana Ionescu

White and purple sign for Slow Street in San Francisco, California with people crossing crosswalk.

San Francisco Suspends Traffic Calming Amidst Record Deaths

Citing “a challenging fiscal landscape,” the city will cease the program on the heels of 42 traffic deaths, including 24 pedestrians.

July 1, 2025 - KQED

"Altadena - Not For Sale" yard sign in front of burned down house after Eaton Fire in Altadena, California in January 2025.

Half of Post-Fire Altadena Home Sales Were to Corporations

Large investors are quietly buying up dozens of properties in Altadena, California, where a devastating wildfire destroyed more than 6,000 homes in January.

July 7 - Dwell

Dense multistory residential buildings in hilly San Francisco, California.

Opinion: What San Francisco’s Proposed ‘Family Zoning’ Could Really Mean

Mayor Lurie is using ‘family zoning’ to encourage denser development and upzoning — but could the concept actually foster community and more human-scale public spaces?

July 7 - The San Francisco Standard

Blue self-driving Ford Transit van shuttle in Jacksonville, Florida.

Jacksonville Launches First Autonomous Transit Shuttle in US

A fleet of 14 fully autonomous vehicles will serve a 3.5-mile downtown Jacksonville route with 12 stops.

July 7 - Smart Cities Dive

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.

Associate/Senior Planner

Gallatin County Department of Planning & Community Development

Senior Planner

Heyer Gruel & Associates PA