Tag Archive for John Tos; Aaron Fukuda and County of Kings v. California High Speed Rail Authority

Here’s the August 16, 2013 Court Decision Against California High-Speed Rail

On August 16, 2013, a Sacramento County Superior Court judge ruled in Tos, Fukada, and County of Kings v. California High-Speed Rail Authority that “the Authority abused its discretion by approving a funding plan that did not comply with the requirements” of law approved by voters in November 2008 as Proposition 1A and implemented as California Streets and Highway Code Section 2704.09. Here’s the text of the court decision:

August 2013 court decision against California High-Speed Rail Authority

 

Proposed Route of California High-Speed Rail Through Kings County

A proposed route of California High-Speed Rail through Kings County.

Kings County posted its briefs and other documents related to its argument. Find them at Prop 1A Lawsuit Against High-Speed Rail. The case number is 34-2011-00113919; go to the web site of the Court Index System of the Sacramento County Superior Court to obtain all documents related to Tos, Fukada, and County of Kings v. California High-Speed Rail Authority.

Proposition 1A was enacted with 52.7% of the statewide vote in November 2008. (It won in San Francisco with 78.4% of the vote.) That statewide ballot measure authorized the State of California to borrow $10 billion (actually $9.95 billion) by selling bonds to Wall Street investors, thus providing seed money to start construction of a high-speed rail system estimated at that time to be $45 billion. That estimate turned out to be woefully low.

This court decision – combined with the lack of additional federal funding and the lack of interest from private investors – could mean the end of California High-Speed Rail.

News Media Coverage

Judge: California High-Speed Rail Violates Initiative – Associated Press (San Jose Mercury-News) – August 16, 2013

Judge’s Ruling Could Bring Valley’s High-Speed Rail Project to Screeching HaltFresno Bee – August 16, 2013

Bullet Train Funding Plan at Odds with State Law, Judge RulesLos Angeles Times – August 16, 2013

Sanity May Finally Prevail on Bullet TrainUT San Diego (editorial) – August 16, 2013

California High-Speed Rail Violates Initiative, Judge Says – KABC (Los Angeles) – August 16, 2013

My Article in www.FlashReport.org: Two Gifts for the Planet: Build California High-Speed Rail and Choose a Path that Crushes the Dairy Industry

Baker Commodities Entrance SignToday (June 4, 2013) www.FlashReport.org posted my article Two Gifts for the Planet: Build California High-Speed Rail and Choose a Path that Crushes the Dairy Industry. It reports on a little-known issue of concern to California’s Kings County: the proposed route for the California High-Speed Rail “goes in the front door and out the back door” of Baker Commodities, the main rendering plant in the region for dairy cow carcasses. Farmers worry (rightly) that environmental issues will prevent Baker Commodities from relocating this rendering plant, as a result exacerbating the economic difficulties of an already struggling dairy industry in the lower San Joaquin Valley.

Baker Commodities in Path of California High-Speed Rail

The Baker Commodities rendering plant is directly in the proposed path of California High-Speed Rail through Kings County.

Since I submitted the article to www.FlashReport.org, Item 2 on the original June 6, 2013 California High-Speed Rail Authority agenda – “Proposal to Identify a CEQA Preferred Alignment and Station Locations for Inclusion in the Fresno to Bakersfield Final Environmental Impact Report/Environmental Impact Statement (EIR/EIS)” – has been removed. Kings County will remain in suspense about the fate of the rendering plant, even as it waits for a Sacramento County Superior Court decision in John Tos; Aaron Fukuda and County of Kings v. California High Speed Rail Authority regarding the California High-Speed Rail Authority’s compliance with Proposition 1A.