Conn Carroll over at the Washington Examiner writes that California’s dreams of high-speed rail are effectively dead — thanks to Governor Jerry Brown and his new move to no longer shield the project from the California Environmental Quality Act (CEQA):
The Los Angeles Times does not fully report this out, but Brown’s decision not to bypass CEQA essentially kills California’s high speed rail project.
President Obama’s stimulus allocated $8 billion for high-speed rail projects, including, eventually, up to $3.5 billion for California’s project. However, according to the stimulus law, California must begin construction on the project before December 31, 2012 or they will not be eligible for any more high speed rail stimulus dollars. Obama’s Transportation Department reaffirmed this time limit last year when they admitted they had “no administrative authority to change this deadline.”
Fast forward to this June when the city of Chowchilla filed suit to stop construction of the project alleging that the High Speed Rail Authority failed to conduct a proper Environmental Impact Statement pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA).
Studies show that the average time to complete the NEPA process is 6.1 years. And NEPA is designed to be a preventative statute. Federal courts routinely issue injunctions to stop projects before they ever begin. That is why oil companies preemptively sued environmental groups earlier this year over leases in Alaska. They wanted to get the litigation out of the way so they could begin oil exploration as fast as possible.
The rest here.