FRIENDS OF THE EEL RIVER v. NORTH COAST RAILROAD AUTHORITY

No. S222472.

3 Cal.5th 677 (2017)

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 Apellant, v. NORTHCOAST RAILROAD AUTHORITY et al., Defendants and Respondents; NORTHWESTERN PACIFIC RAILROAD COMPANY, Real Part in Interest and Respondent.

Supreme Court of California.

July 27, 2017.


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, Sharon E. Duggan ; Klamath Environmental Law Center, William Verick ; Environmental Law and Justice Clinic at Golden Gate University School of Law, Helen H. Kang , Ashley Pellouchoud ; Environmental Law Clinic and Mills Legal Clinic at Stanford Law School and Deborah A. Sivas for Plaintiff and Appellant Californians for Alternatives to Toxics.

Law Offices of Stuart M. Flashman and Stuart M. Flashman for Town of Atherton, California Rail Foundation, Transportation Solutions Defense and Education Fund, Community Coalition on High-Speed Rail and Patricia Hogan-Giorni as Amici Curiae on behalf of Plaintiffs and Appellants.

Kurt R. Wiese , Barbara Baird and Brian C. Bunger for South Coast Air Quality Management District and Bay Area Air Quality Management District as Amici Curiae on behalf of Plaintiffs and Appellants.

David Pettit , Melissa Lin Perrella and Ramya Sivasubramanian for Sierra Club, Coalition for Clean Air, Natural Resources Defense Council, Planning and Conservation League and Communities for a Better Environment as Amici Curiae on behalf of Plaintiffs and Appellants.

Clare Lakewood and Kassia R. Siegel for Center for Biological Diversity as Amici Curiae on behalf of Plaintiffs and Appellants.

Holder Law Group and Jason W. Holder for Madera County Farm Bureau and Merced County Farm Bureau as Amici Curiae on behalf of Plaintiffs and Appellants.

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

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

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 , Andrew B. Sabey , Linda C. Klein , Stephanie R. Marshall ; Law Office of Douglas H. Bosco and Douglas H. Bosco for Real Party in Interest and Respondent.

Kamala D. Harris and Xavier Becerra , Attorneys General, Robert W. Byrne , Assistant Attorney General, Annadel A. Almendras , Marc N. Melnick , Myung J. Park and Carolyn Nelson Rowan for California Environmental Protection Agency, California Natural Resources Agency and certain of their Departments and Boards as Amici Curiae on behalf of Defendants and Respondents and Real Party Interest and Respondent.

Kamala D. Harris and Xavier Becerra , Attorneys General, John A. Saurenman , Assistant Attorney General, Deborah M. Smith and Danae J. Aitchison , Deputy Attorney General, for California High-Speed Rail Authority as Amicus Curiae on behalf of Defendants and Respondents and Real Party Interest and Respondent.


OPINION

In this case we decide whether federal law, the ICC (Interstate Commerce Commission) Termination Act of 1995 (Pub.L. No. 104-88 (Dec. 29, 1995) 109 Stat. 803) (ICCTA; see 49 U.S.C. § 10101 et seq.), preempts application of the California Environmental Quality Act (CEQA; Pub. Resources Code, ...

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