FRIENDS OF THE EEL RIVER v. NORTH COAST RAILROAD AUTHORITY

No. A139222. No. A139235.

230 Cal.App.4th 85 (2014)

178 Cal.Rptr.3d 752

FRIENDS OF THE EEL RIVER, Plaintiff and Appellant, v. NORTH COAST RAILROAD AUTHORITY et al., Defendants and Respondents; NORTHWESTERN PACIFIC RAILROAD COMPANY, Real Party in Interest and Respondent. CALIFORNIANS FOR ALTERNATIVES TO TOXICS, Plaintiff and Appellant, v. NORTH COAST RAILROAD AUTHORITY et al., Defendants and Respondents; NORTHWESTERN PACIFIC RAILROAD COMPANY, Real Party in Interest and Respondent.

Court of Appeals of California, First District, Division Five.

As modified October 17, 2014.


Attorney(s) appearing for the Case

Shute Mihaly & Weinberger, Ellison Folk , Amy J. Bricker , Edward T. Schexnayder and Laura D. Beaton for Plaintiff and Appellant Friends of the Eel River.

Law Offices of Sharon E. Duggan and Sharon E. Duggan for Plaintiff and Appellant Californians for Alternatives to Toxics.

Klamath Environmental Law Center and William Verick for Plaintiff and Appellant Californians for Alternatives to Toxics.

Helen H. Kang and Ashley Pellouchoud , Environmental Law and Justice Clinic at Golden Gate University School of Law for Plaintiff and Appellant Californians for Alternatives to Toxics.

Deborah A. Sivas , Environmental Law Clinic and Mills Legal Clinic at Stanford Law School for Plaintiff and Appellant Californians for Alternatives to Toxics.

Sean B. Hecht , Frank G. Wells Environmental Law Clinic at UCLA School of Law for Natural Resources Defense Council, Planning and Conservation League, and Sierra Club as Amici Curiae on behalf of Plaintiff and Appellant.

Fredric Evenson and Brian Acree for Ecological Rights Foundation as Amicus Curiae on behalf of Plaintiff and Appellant.

Neary & O'Brien and Christopher J. Neary for Defendants and Respondents North Coast Railroad Authority and Board of Directors of North Coast Railroad Authority.

Cox, Castle & Nicholson, R. Chad Hales and Andrew B. Sabey for Real Party in Interest and Respondent Northwestern Pacific Railroad Company.

Law Office of Douglas H. Bosco and Douglas H. Bosco for Real Party in Interest and Respondent Northwestern Pacific Railroad Company.


OPINION

NEEDHAM, J.

The North Coast Railroad Authority (NCRA), a public agency established by Government Code section 93000 et seq., entered into a contract with the Northwestern Pacific Railroad Company (NWPRC), allowing the latter to conduct freight rail service on tracks controlled by NCRA. Two environmental groups, Friends of the Eel River (FOER) and Californians for Alternatives to Toxics (CAT), filed petitions for writ of mandate...

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