Filed under: Humboldt, Marin, Mendocino, NCRA, North Coast Railroad, Northwestern Pacific Railroad, Railroad, Sonoma
Santa Rosa Press Democrat: Judge to dismiss suit against North Coast rail service
Environmental groups cannot use state law to block the resumption of freight rail service on the North Coast, a Marin County judge tentatively ruled Tuesday.
Judge Roy O. Chernus said that federal law preempts state law in matters relating to railroads, so environmental groups could not sue the North Coast Railroad Authority over deficiencies in an environmental impact report that it prepared under state law using state money.
The state law “mandates a time-consuming review which may result in indefinite delays and unduly interfere with exclusive federal jurisdiction over rail transportation” by giving local officials power to block operations on environmental grounds, the judge wrote.
Ouch! This is what I have said for a long time. This also calls in to question Novato’s lawsuit and settlement. Maybe NCRA can get some money back from that city and the county of Marin.
Watch soon for Hank Sims to write another rant against the railroad and bearing his teeth. The troll or trolls will do the same with the comments on here.