LOS ANGELES — Opponents of California's high-speed rail project filed an appeal Monday challenging a ruling that favored federal jurisdiction over California environmental regulations.
Kings and Kern counties joined with five non-profit organizations from the Central Valley and the Bay Area in the challenge filed in the U.S. Ninth Circuit Court of Appeals.
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Rail opponents argue that the California Environmental Quality Act should apply to the $69 billion rail line being constructed from Los Angeles to San Francisco that is anticipated to be completed in 2029. Their attorneys argue state and federal environmental laws should run parallel, with one not preempting the other.
"The STB order went well beyond what was requested of it and declared that CEQA was preempted for all purposes under the Interstate Commerce Commission Termination Act for the Fresno to Bakersfield segment," rail opponents' attorneys argued in the lawsuit.
They also argued that overlooking CEQA, the High Speed Rail Authority could "inflict significant harm to lands and communities along its rail lines," and that the ruling violates state sovereignty.
Several of the project's legal hurdles had been overcome in recent months. The most significant was a ruling by the California Supreme Court that the authority could go ahead with the sale of $9.9 billion of Proposition 1A bonds approved by voters in 2008.
The state HSRA still faces seven environmental lawsuits seeking to halt construction on the rail line, and questions still remain as to how the state will fund the entire project.
The state has identified $26 billion of funding, including the Proposition 1A bonds and $3.2 billion of federal grants from the 2009 federal stimulus package.
The 2014 Legislature dedicated to the bullet train 25% of the revenue from the state's cap-and-trade greenhouse gas fees. Annual revenues are expected to begin at $250 million and eventually ramp up to $1 billion.
Work started on the high speed rail project on Jan. 6 following a groundbreaking in Fresno.
