Anti NCRA petition...

Thanks for the welcome guys! As far as opening the line all the way up to Eureka, the Eel River Canyon is probably beyond repair at this point. The ground is so wet and prone to slides! There are points along the line where the track is still there but the ground has fallen away from under it! Not the best of situations to say the least. Not sure how they plan on fixing that up and honestly don't think it would be worth it. Don't get me wrong, I would LOVE to see those black NWP SD9s running again! If you want more information about the state of disrepair of the Eel River Canyon read this article: http://www.theava.com/04/0630-eelrails.html

Hope that sheds some light on things!

Ted

 

Marin County Judge James R. Ritchie did the expected thing earlier this week, issuing an injunction on all new repair work at the south end of the North Coast Railroad Authority line.

The judge appears to have thrown the authority a small bone: In his preliminary order, he proposed a cutoff date of Oct. 15, 2007 — any work contracted after that date would be brought to a halt. In the final version, Ritchie bumps the cutoff date up to Jan. 7, 2008.

NC Journal blog with link to ruling

 

The judge has made his ruling stopping the NCRA and NWP looks like they did try and skirt the CEQA process.
MARIN (Calif.) INDEPENDENT JOURNAL January 25, 2008
Setback for Novato Rail Project
BY Joe Wolfcale

The North Coast Rail Authority must halt all construction associated with its attempt to bring rail service to Novato, a Marin County judge said Thursday.
Judge James Ritchie, upholding much of his preliminary ruling, concluded that the Ukiah-based rail agency violated California Environmental Quality Act guidelines in moving forward with the project and that an environmental analysis must be completed for work launched after Jan. 7.
“The city is very pleased with the outcome,” said City Attorney Jeff Walter.
The merits of the case will be heard Feb. 26.
Christopher Neary, the rail authority’s Willits-based attorney, said the Jan. 7 date affects only one contract. The city urged the date be set at Oct. 15, a move that would have affected a number of contracts.
“In his tentative ruling, that would have prohibited us from getting reimbursed on (other) contracts, a monumental impact on us,” Neary said. “We appreciate the fact that the judge took the time to think things through, reason it out and come to the decision he did,” Neary said.
“It will be a relatively minor impact on us.”
In his ruling Judge Ritchie said the rail authority may have violated environmental laws by filing disputed notices of exemption before project approval, and by entering into contracts and allowing work to begin before environmental analysis.
Ritchie said the rail agency was attempting to skirt the law by claiming an analysis was not necessary for the construction work itself, but only for the operation of the railway.
Ritchie said the entire project, whether broken up geographically, by phases of construction and operation, or otherwise - must be considered in an environmental analysis.
“That’s essentially what we’ve been saying all along,” Novato City Manager Dan Keen said.
Neary said he believes the rail agency followed proper procedures.
The judge emphasized in his seven-page ruling that no conclusions have been reached as to whether the railway expansion is appropriate or not.
The city filed suit Sept. 28, saying freight trains in Novato could pose traffic problems, safety hazards and noise and that the rail agency needed to complete an environmental report. The judge denied the city’s request for a temporary restraining order, allowing the agency to continue construction.
Officials are preparing a $2.4 million report on the rail plan and it should be available in May, outlining impacts of a plan that could send as many as 32 trains, each pulling up to 60 cars, through Novato every week at speeds of up to 40 mph.
Contact Joe Wolfcale via e-mail at jwolfcale@marinij.com

 

latest...

Eureka Reporter

A judge handed the North Coast Railroad Authority another setback this week in the agency’s efforts to return freight and passenger rail service to the North Coast after being idle for nearly a decade.

Judge James Ritchie of the Marin County Superior Court issued a ruling Tuesday that denied the

NCRA’s effort to toss out the city of Novato’s suit that challenges the NCRA’s compliance with state environmental laws related to its repair work.

Novato has claimed the NCRA failed to do a full-blown environmental impact report under state laws that looked at the reopening and potential freight moving through Novato from Eureka — not just the local passenger service planned on the southern portions where
the repairs were targeted.

The NCRA argued earlier this month that Novato missed the 35-day statute of limitations to file a lawsuit.

The trial for the court to hear the merits of Novato’s case is scheduled to be heard May 6.

Humboldt County Supervisor John Woolley, who is also a member of the NCRA’s board of directors, announced Wednesday that the NCRA will appeal the ruling.

and more...

“We are still head-scratching over it,” Woolley said.

Woolley said NCRA officials believe the judge misunderstood the process for the project, which he said both Caltrans and the California Transportation Committee were aware of and agreed to.

“We followed the state process to the letter,” said Mitch Stogner, NCRA’s executive director.

In a phone interview, Stogner the NCRA will seek a writ with the California Court of Appeals, 1st District for an expedited review of the matter.

Work on the tracks continues to move forward for signal upgrades and levee repairs.

But, Stogner said, a previous court injunction has halted a $4 million bridge repair project in Schellville and threatens to interfere with the actual track repair contract yet to be awarded.

Marin County officials have sided with Novato.

Marin Supervisor Judy Arnold, who represents the district where Novato is located, said Wednesday via phone that she wasn’t familiar with all of the details of the ruling.

But Arnold, who was elected to her supervisor seat in 2007, said she’s been adamant about her concerns over freight trains traveling through Novato’s newly revamped $10 million city center.

“What I have said all along is that if the NCRA is gong to run freight, they can’t segment their EIR,” Arnold said.

While she isn’t against freight trains, Arnold said she wants the railroad agency to evaluate its complete project under California Environmental Quality Act process so everyone can know how many trains might be involved.

“I just want to know what the impact of freight is going to be,” Arnold said.