California Court of Appeal

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Town of Atherton v. Cal. High-Speed Rail Authority, C070877

In a challenge to the revised final program environmental impact report/environmental impact statement (PEIR/EIS) and the approval of the Pacheco Pass network alternative as the route for the high-speed train (HST) system to connect the San Francisco Bay Area and the Central Valley, judgment for defendant is affirmed, where: 1) the specific circumstances of this case establish an exception to federal preemption under the market participation doctrine; 2) defendant properly used a program EIR and tiering and deferred site-specific analysis such as the vertical alignment to a later project EIR; 3) the challenge to the revenue and ridership modeling presents a disagreement among experts that does not make the revised final PEIR inadequate; 4) defendant studied an adequate range of alternatives; and 5) it was not required to analyze the plaintiff's expert's alternatives because they were infeasible or substantially similar to those already studied.

Appellate Information

  • Decided 07/24/2014
  • Published 07/24/2014

Judges

  • DUARTE

Court

  • California Court of Appeal

Counsel

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