[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Page 63220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25130]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. FD 35861]


California High Speed Rail Authority--Petition for Declaratory 
Order

    On October 9, 2014, the California High-Speed Rail Authority 
(Authority) filed a petition requesting that the Board issue a 
declaratory order regarding the availability of injunctive remedies 
under the California Environmental Quality Act (CEQA) to prevent or 
delay construction of an approximately 114-mile high-speed passenger 
rail line between Fresno and Bakersfield, Cal. (the Line). The Board 
authorized construction of the Line, subject to certain conditions, in 
California High-Speed Rail Authority--Construction Exemption--in 
Fresno, Kings, Tulare, & Kern Counties, California, FD 35724 (Sub-No. 
1) (STB served August 12, 2014) (Vice Chairman Miller concurring and 
Commissioner Begeman dissenting). The Authority states that seven 
lawsuits have been filed against the Authority challenging its 
compliance with CEQA with respect to the Line and that the lawsuits 
seek injunctive remedies under CEQA that would prevent or delay 
construction of the Line. The Authority argues that 49 U.S.C. 10501(b) 
would preempt such CEQA remedies because injunctive relief would enjoin 
construction of a Board-authorized project.
    The Authority has requested that the Board issue an expedited 
declaratory order by November 20, 2014. The first case management 
conference for the lawsuits is scheduled for November 21, 2014, and the 
Authority claims that a declaratory order issued before that conference 
would remove uncertainty regarding the CEQA injunctive remedies 
available to the litigants. The Authority states that it served a copy 
of its petition on all counsel of record in the lawsuits.
    The Board has discretionary authority under 5 U.S.C. 554(e) and 49 
U.S.C. 721 to issue a declaratory order to eliminate a controversy or 
remove uncertainty. Here, it is appropriate to institute a declaratory 
order proceeding so that the Board can consider the issues raised in 
the Authority's petition regarding whether 10501(b) would preempt CEQA 
injunctive remedies regarding the Line. The Board will therefore 
institute a proceeding to consider the matter. Interested persons may 
file substantive replies to the Authority's petition by November 6, 
2014.
    This action will not significantly affect either the quality of the 
human environment or the conservation of energy resources.
    It is ordered:
    1. A declaratory order proceeding is instituted.
    2. Interested persons may file substantive replies to the 
Authority's petition by November 6, 2014.
    3. This decision is effective on its service date.

    By the Board.
Rachel D. Campbell,
Director, Office of Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2014-25130 Filed 10-21-14; 8:45 am]
BILLING CODE 4915-01-P