Federal ruling a win for California's bullet train
Fed claims power to override state environmental laws, clearing hurdles for high speed rail line.
A federal agency that has jurisdiction over California's bullet train has ruled that it has the authority to pre-empt state environmental law, creating uncertainty for numerous groups fighting the project in court.
In a decision made public Monday, the U.S. Surface Transportation Board ruled that lawsuits challenging the high-speed rail line under the California Environmental Quality Act conflict with its authority over railroads.
The three-member board was acting on a request from the California High-Speed Rail Authority, which was seeking to clarify federal jurisdiction over the project.
The authority faces seven lawsuits that use the state environmental law to challenge the bullet train plans. Officials were concerned that the lawsuits could delay construction of one of the initial sections of track, a 114-mile line between Fresno and Bakersfield.
In its 2-1 decision issued late Friday, the federal body said the California environmental law "could be used to deny or significantly delay an entity's right to construct a line that the Board has specifically authorized, thus impinging on the Board's exclusive jurisdiction over rail transportation."
The ruling makes it clear that federal law has precedent over state law as it pertains to construction of the high-speed rail line, said Lisa Marie Alley, spokeswoman for the California High-Speed Rail Authority. She said agency officials were still reviewing the decision.
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