March 8,2016-
Sacramento Superior Court Judge Michael Kenny ruled today that the The California High Speed Rail Authority could proceed with their construction and that their plan to use a blended system did not violate a promise to state voters to build a high speed rail project. The suit was brought by Kings County and a group of landowners. The decision could still be appealed to the state supreme court.
“While the blended system does not appear to have been initially considered by the 2005 and 2008 EIRs, section 2704.06 allows for a system that complies with the EIRs, as modified. The Blended system complies with the 2012 modification, thus complying with the Bond Act requirements” the judge said in summary.
The judged agreed with the plaintiffs that the Rail Authority has not proven the trains will be financially viable or can meet the travel times voters were promised but said the system continues to evolve so it is premature for the court to intervene.
He pointed to the fact that no Prop1A funds have been used and thus the court found it could not enjoin use of the funds.
“The authority may be able to accomplish these objectives at some point in the future. This project is an ongoing, dynamic, changing project.”
Press reports said “Dan Richard, chairman of the board that oversees the rail authority, expressed relief at the judge’s ruling. He said “a great myth” has developed that the system being built is different than the one voters approved.
“It’s totally and completely false,” Richard said at the board’s monthly meeting Tuesday. “What we are building is exactly what the public voted for: a fully electric, 200-plus mile per hour train that can operate without a subsidy that is designed to operate in 2 hours and 40 minutes between our great cities of Los Angeles and San Francisco.”