Tag: ICCTA

Update: SCOTUS Declines Review of Friends of the Eel River CEQA Preemption Decision

The United States Supreme Court will not be taking up the California Supreme Court’s July 2017 decision in the Friends of the Eel River case.  In that decision, authored by Chief Justice Cantil-Sakauye, the California Supreme Court held that the federal Interstate Commerce Commission Termination Act (ICCTA) did not preempt application of CEQA to the … Continue Reading

“Self-Governance,” Not “Regulation”: California Supreme Court Rules No Federal Preemption of CEQA under ICCTA for State-Owned Rail Projects

On July 27, the California Supreme Court released its long-awaited decision in Friends of the Eel River v. North Coast Railroad Authority (S222472), resolving a split among the State’s courts of appeal—but arguably conflicting with federal precedent—with respect to the scope of federal preemption of CEQA with respect to state-owned rail projects. We discussed the … Continue Reading
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