Legal Opinion

Friends of Eel River v. North Coast Ry. Auth.

California Supreme Court

Decided July 27, 2017No. S222472PublishedCited by 44 opinions

1Opinion of the CourtCantil-Sakauye, C.J.

*690 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;

*820 Pub. Resources Code, § 21000 et seq. ), to a railroad project that has been undertaken by a state public entity, defendant North Coast Railroad Authority (NCRA), along with lessee real party in interest, Northwestern Pacific Railroad Company (NWPCo), a private entity.

The Court of Appeal determined that "CEQA is preempted…

Also in this document: Concurrence.

2Cases cited76 opinions

  1. Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
  2. Gregory v. AshcroftSupreme Court of the United States · 1991
  3. Wyeth v. LevineSupreme Court of the United States · 2009
  4. National League of Cities v. UserySupreme Court of the United States · 1976
  5. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907

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3Cited by44 opinions

  1. Union of Med. Marijuana Patients, Inc. v. City of San DiegoCalifornia Supreme Court · 2019
  2. The Ohio House, LLC v. City of Costa MesaCourt of Appeals for the Ninth Circuit · 2024
  3. Olson v. Hornbrook Cmty. Servs. Dist., California Court of Appeal, 5th District2019
  4. State of Indiana v. Norfolk Southern Railway CompanyIndiana Supreme Court · 2018
  5. Ass'n of Irritated Residents v. Kern Cnty. Bd. of Supervisors, California Court of Appeal, 5th District2017

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