BNSF appeals ruling

News-in-print 1 Aug 2016 by WCN Editorial

BNSF Railway has announced that, together with the Port of Los Angeles, it is appealing a court ruling that requires the City of Los Angeles and Board of Harbor Commissioners to set aside approvals and permits for its Southern California International Gateway (SCIG) near-dock rail terminal, four miles from the Port of Los Angeles.

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Roger Nober, chief legal officer and executive VP law and corporate affairs, said: “BNSF is very concerned about the decision’s application of what BNSF believes is an incorrect and unprecedented expansion of the scope of California Environmental Quality Act (CEQA) review to encompass existing facilities distant and distinct from the SCIG project itself, and the precedential effect that ruling may have on the development of other rail facilities, port projects and other much-needed infrastructure in California.”

BNSF is warning that unless the ruling is “promptly and entirely reversed”, building is less likely, due to the costs and delay brought on by the CEQA lawsuits. It will have a fight on its hands, however, as the City of Long Beach and the South Coast Air Quality Management District have not changed their view that the air quality impactsof the project are too great, and the mitigation measures proposed by BNSF are insufficient.

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This complete item is approximately 300 words in length, and appeared in the August 2016 issue of WorldCargo News, on page 14. To access this issue download the PDF here.