Caltrain Hits Barrier of Litigation on Tracks to Electrification

The Surface Transportation Board's denial of Caltrain's request to provide an exemption from the California Environmental Quality Act gives the go ahead to the Town of Atherton's lawsuit requesting the rail board redo its Environmental Impact Report.

3 minute read

July 8, 2015, 8:00 AM PDT

By Irvin Dawid


Caltrain, the seventh busiest commuter rail line in the United States and the oldest continuously operated railroad west of the Mississippi River, is engaged in a $1.5 billion modernization program that will electrify the tracks on the Peninsula between San Jose and San Francisco by 2020. It had the highest rate of ridership increase of any Bay Area transit system last year, according to the American Public Transportation Association*, that has led to crowding on peak hour trains.

"Although it completed an environmental impact report (EIR), Caltrain officials have long claimed their plans for electrification should be exempt from state laws requiring such review and sought confirmation from the Surface Transportation Board — a federal agency that oversees interstate commerce routes," writes Samantha Weigel of The Daily Journal. 

But the STB ruled (July 2) that it did not have jurisdiction over the local agency’s project as electrification is specifically geared toward commuter service, not the freight service that shares the Caltrain tracks. Now unable to claim exemption from the California Environmental Quality Act (CEQA), Caltrain must continue to litigate against opponents such as the city [sic] of Atherton that filed a lawsuit claiming the agency’s environmental impact report was incomplete." 

Joining Atherton in their litigation against Caltrain in February was the Transportation Solutions Defense and Education Fund or TRANSDEF, "a non-profit environmental organization created by transit activists to advocate for better solutions to transportation..." and the Community Coalition on High-Speed Rail, "dedicated to preventing the California High Speed Rail Project from devastating our communities and State finances."

The suit asks the court to order the Peninsula Corridor Joint Powers Board, which runs Caltrain, to revise its environmental impact report that was finalized and certified in January. The groups allege Caltrain’s environmental review is inadequate, as it does not consider the potential impacts high-speed rail would bring to the Peninsula.

Both Caltrain and High-Speed Rail will run in the same corridor and on the same tracks, referred to as blended rail.

Long-time Planetizen readers may recall that Atherton and neighbor Menlo Park were the first of many\ to sue the California High-Speed Rail Authority in 2009also using CEQA against the EIR. Initially successful, CHRA may have prevailed (see "related" below for chronology of Atherton's lawsuits against the rail authority) although I'm not sure if the cities have any appeals in the works.

How this latest lawsuit will affect the timeline and finances of Caltrain's program is not known at this time, and calling it a barrier may be an exaggeration. 

We have a certified EIR document which includes mitigation to which we remain committed to fulfilling,” Caltrain spokeswoman Jayme Ackemann  said. “We will defend ourselves in the litigation ... because we feel we have a complete and fully compliant environmental document and we believe we’ll be successful in the outcome of that.”

In related electrification news, the board reached an agreement with "the building trades councils of San Francisco, San Mateo, Santa Clara and San Benito counties, as well as the International Brotherhood of Electrical Workers Union Local 1245" to perform the electrification work, according to Progressive Railroading.

*Endnote: Per APTA's "Fourth Quarter & End-of-Year 2014 Ridership report" [pdf], Caltrain's ridership increase was 10.11 percent. Next highest was BART at 6.07 percent.

Hat tip to Mike Ferreira.

Friday, July 3, 2015 in The Daily Journal

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Concrete Brutalism building with slanted walls and light visible through an atrium.

What ‘The Brutalist’ Teaches Us About Modern Cities

How architecture and urban landscapes reflect the trauma and dysfunction of the post-war experience.

February 28, 2025 - Justin Hollander

Cars on a New York City street

USDOT Revokes Approval for NYC Congestion Pricing

Despite the administration’s stated concern for the “working class,” 85 percent of Manhattan commuters use public transit to enter the city.

February 20, 2025 - StreetsBlog NYC

Tiny home village for unhoused reisdents in Torrance, California.

Tiny House Villages for Addressing Homelessness: An Interview with Yetimoni Kpeebi

One researcher's perspective on the potential of tiny homes and owner-built housing as one tool to fight the housing crisis.

February 20, 2025 - Mark Tirpak

Charred trees on hillside in Altadena, California after Eaton Fire.

Preserving Altadena’s Trees: A Community Effort to Save a Fire-Damaged Landscape

In the wake of the Eaton Fire, Altadena Green is working to preserve fire-damaged but recoverable trees, advocating for better assessment processes, educating homeowners, and protecting the community’s urban canopy from unnecessary removal.

2 hours ago - LAist

Green electric Volkswagen van against a beach backdrop.

The VW Bus is Back — Now as an Electric Minivan

Volkswagen’s ID. Buzz reimagines its iconic Bus as a fully electric minivan, blending retro design with modern technology, a 231-mile range, and practical versatility to offer a stylish yet functional EV for the future.

3 hours ago - ABC 7 Eyewitness News

Tent covered with camouflage tarp with American flag on front under freeway overpass in California.

Investigation Reveals Just How Badly California’s Homeless Shelters are Failing

Fraud, violence, death, and chaos follow a billion dollar investment in a temporary solution that is proving ineffective.

4 hours ago - The Associated Press

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.