The Brown administration on Wednesday abandoned its plan to ease environmental scrutiny of the $69 billion bullet train, backing off quickly after strong opposition from environmentalists threatened the project altogether.
The proposal was designed to prevent opponents from halting high-speed rail construction in court on environmental grounds. It was tied to a key vote in the Legislature in coming weeks on whether to build the first $6 billion leg of tracks in the Central Valley.
But powerful environmental groups — and key bullet train supporters — like the Sierra Club and Natural Resources Defense Council were outraged at what they considered an attempt to undermine the state’s landmark environmental law. They spent the last three weeks urging lawmakers to scrap the plan, saying it would set a dangerous precedent.
Dan Richard, who Gov. Jerry Brown appointed to lead the project, said Wednesday officials would rather “take their chances” in a court battle with opponents than lose the support of the environmental community. His main goal has been to gain outside allies after previous rail administrations were criticized for alienating supporters.
The proposal would have required opponents suing under the California Environmental Quality Act to prove the project would cause major harm to the environment, like wiping out an endangered species, for a judge to issue an injunction halting construction. Typically, minor impacts can be enough to warrant such legal delays.
“All along we thought it was a stupid idea,” said Kathryn Phillips, Sierra Club California director. “Trying to reduce environmental review for one of the largest public works projects in the state’s history really makes no sense.”
But by getting the environmental groups back on their side, the rail project remains vulnerable in court. Groups from Central Valley farmers to Peninsula cities are suing to halt construction, which would force California to give back federal grants that must be spent soon. That could essentially kill the project altogether.
“We think that the (environmental) impacts are so severe that the injunction is really the only logical course of action.” said Anja Raudabaugh, executive director of the Madera County Farm Bureau, one of the groups suing over the project. “I think our odds are pretty good.”
Still, in future years the Legislature could pass a similar bill as labor leaders continue to criticize environmental lawsuits for halting big projects that create jobs.
“I hope this is a path they won’t go down again,” Phillips said.
Contact Mike Rosenberg at 408-920-5705. Follow him at twitter.com/rosenberg17.
