The Surface Transportation Board's denial of Caltrain's request to provide an exemption from the California Environmental Quality Act gives the go ahead to the Town of Atherton's lawsuit requesting the rail board redo its Environmental Impact Report.
Caltrain, the seventh busiest commuter rail line in the United States and the oldest continuously operated railroad west of the Mississippi River, is engaged in a $1.5 billion modernization program that will electrify the tracks on the Peninsula between San Jose and San Francisco by 2020. It had the highest rate of ridership increase of any Bay Area transit system last year, according to the American Public Transportation Association*, that has led to crowding on peak hour trains.
"Although it completed an environmental impact report (EIR), Caltrain officials have long claimed their plans for electrification should be exempt from state laws requiring such review and sought confirmation from the Surface Transportation Board — a federal agency that oversees interstate commerce routes," writes Samantha Weigel of The Daily Journal.
But the STB ruled (July 2) that it did not have jurisdiction over the local agency’s project as electrification is specifically geared toward commuter service, not the freight service that shares the Caltrain tracks. Now unable to claim exemption from the California Environmental Quality Act (CEQA), Caltrain must continue to litigate against opponents such as the city [sic] of Atherton that filed a lawsuit claiming the agency’s environmental impact report was incomplete."
Joining Atherton in their litigation against Caltrain in February was the Transportation Solutions Defense and Education Fund or TRANSDEF, "a non-profit environmental organization created by transit activists to advocate for better solutions to transportation..." and the Community Coalition on High-Speed Rail, "dedicated to preventing the California High Speed Rail Project from devastating our communities and State finances."
The suit asks the court to order the Peninsula Corridor Joint Powers Board, which runs Caltrain, to revise its environmental impact report that was finalized and certified in January. The groups allege Caltrain’s environmental review is inadequate, as it does not consider the potential impacts high-speed rail would bring to the Peninsula.
Both Caltrain and High-Speed Rail will run in the same corridor and on the same tracks, referred to as blended rail.
Long-time Planetizen readers may recall that Atherton and neighbor Menlo Park were the first of many\ to sue the California High-Speed Rail Authority in 2009—also using CEQA against the EIR. Initially successful, CHRA may have prevailed (see "related" below for chronology of Atherton's lawsuits against the rail authority) although I'm not sure if the cities have any appeals in the works.
How this latest lawsuit will affect the timeline and finances of Caltrain's program is not known at this time, and calling it a barrier may be an exaggeration.
We have a certified EIR document which includes mitigation to which we remain committed to fulfilling,” Caltrain spokeswoman Jayme Ackemann said. “We will defend ourselves in the litigation ... because we feel we have a complete and fully compliant environmental document and we believe we’ll be successful in the outcome of that.”
In related electrification news, the board reached an agreement with "the building trades councils of San Francisco, San Mateo, Santa Clara and San Benito counties, as well as the International Brotherhood of Electrical Workers Union Local 1245" to perform the electrification work, according to Progressive Railroading.
*Endnote: Per APTA's "Fourth Quarter & End-of-Year 2014 Ridership report" [pdf], Caltrain's ridership increase was 10.11 percent. Next highest was BART at 6.07 percent.
Hat tip to Mike Ferreira.
Where 2024 Presidential Candidates Stand on 12 Issues Important to Urban Planners
Whether you’re yet undecided or have already cast your early vote, here is a roundup of the key positions of Vice President Kamala Harris and former President Donald Trump on important urban planning policies.
Commentary: New Bill Holds Key to Solving US Housing Crisis. We Just Have to Pass It.
Two bills currently moving through Congress could make mass production of prefabricated, affordable housing possible on a large scale.
America’s 10 ‘Greenest’ Cities
A new analysis ranks cities based on their environmental quality, energy consumption and production, transportation, density, and other factors.
How Seattle Achieved Safe Routes to School Goal
SDOT has installed safety improvements at more than 260 public schools since 2015.
Auto Insurance Rates Spike Due to Extreme Weather
Car insurance costs around the country are going up as insurers receive more claims from areas struck by storms and other climate disasters.
California Approves $10 Billion Bond for Water, Clean Energy, and Environmental Projects
Funds will be used to support water, wildfire prevention, environmental, and park projects, reflecting strong public support for climate resilience.
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.
University of Southern California
City of Meridian
University of Calgary
HUDs Office of Policy Development and Research
HUDs Office of Policy Development and Research
HUDs Office of Policy Development and Research
Detroit Regional Partnership
San Joaquin LAFCo
City of South Portland