Last Friday, opponents of California’s high-speed rail line told a California state judge that the California High-Speed Rail Authority has not met all the requirements to start building the first stage of the state’s high-speed rail line. As approved by voters in 2008, the law requires, among other things, that the authority identify the “sources of all funds to be invested in the corridor, or usable segment thereof” and hat the “authority has completed all necessary project level environmental clearances necessary to proceed to construction.”
So far, the authority only has funds to build a portion of the “minimum operable segment” from Madera to the San Fernando Valley and environmental clearances for only 29 miles of this segment. Opponents argued that the authority could not begin construction until it met these requirements.
The state did not attempt to refute these contentions but merely argued that when the legislature authorized the sale of $2.6 billion in bonds it effectively negated these legal requirements. The plan “was deficient,” admitted the deputy attorney general who argued the case. “The Legislature looked at it and said, we would like more, but this is what we’ve got and it made its decision. Those are political decisions that I can’t comment on.” As a result, she added, the judge has no authority to overrule the legislature.
