by flex.202 | Sep 21, 2020 | Press Releases |
FOR IMMEDIATE RELEASE: September 21, 2020
Federal Railway Administration Issues Record of Decision and Regulatory Carve Out for “Conceptual Design” of Dallas Houston HSR
Jewett, TX – The Federal Railroad Administration (FRA) has released a pre-publication of its final Rule of Particular Applicability (RPA) and Record of Decision (ROD) today, Monday, September 21, 2020. However, the final RPA and ROD have not been published in the Federal Register. The final RPA and ROD, one of many remaining milestones within the overall regulatory process––including the NEPA process––does not “permit construction or operations,” despite Texas Central Railway’s best efforts to describe the proposed HSR as “shovel ready.” Rather, the final RPA and ROD simply enable FRA to reach a decision that is informed by a cursory understanding of the potential environmental impacts and safety requirements Texas Central Railway (TCR) will be mandated to operate by.
“FRA does not grant any kind of construction approval or permit. Neither does this final rule, by itself, grant any permission or authority for TCRR [Texas Central] to operate.”
– excerpt from FRA’s pre-published final RPA and ROD, page 15
When considering the overall impact of the final RPA and ROD to the timeline of the project, it is worth noting that FRA concluded the project was in a “conceptual design” stage and does not grant any kind of construction approval or permit. Rendering this decision less than conclusory, FRA expressly states that “neither does this final rule, by itself, grant any permission or authority for TCR to operate.” It is the Surface Transportation Board (STB) that is the only agency that can grant TCR permits to operate and construct since taking jurisdiction over the project on July 16, 2020. And considering the STB via that decision is requiring TCR to submit a full application to the Board, which includes a detailed look at project financials, design, construction plans, and ridership numbers, TCR is years away from construction and operation. This point is highlighted within FRA’s final RPA and ROD, where FRA denied TCR’s waiver to substitute non-compliant Japanese rolling stock, mandated compliance with crash readiness standards along with full Positive Train Control (PTC) compliance; thus meaning, TCR must do a complete redesign of their rolling stock in order to be compliant with this final RPA before they are even able to submit final designs for an STB application for construction and operational permits, which could potentially cost TCR tens of millions of dollars in additional costs.
Kyle Workman, Chairman and President of Texans Against HSR, said of the FRA ROD, “Texas Central will likely trumpet this decision as major progress for its project, but they are simply arranging deckchairs on the Titanic…Texans and federal taxpayers need to know this Record of Decision doesn’t change the fact that Texas Central has put up Texas land as collateral to the Japanese government when the project fails, while at the same time asking for billions in federal dollars to prop up its so-called ‘private project’ that is already failing in its ‘conceptual design’ stage.”
While Texas Central Railway continues to claim it will begin construction next year, the company has recently laid off the majority of its staff, admitted the cost estimate for the project has ballooned to $30B, expressed its intent to seek federal funds for a project they have called “private” and “not needing any public funds,” and has yet to file the required full application for construction approval to the federal-level Surface Transportation Board.
In short, the final RPA and ROD establish the minimum safety requirements with which TCR must comply while signifying the completion of the NEPA process. The publication of this final RPA and ROD is the beginning, not the end, of TCR’s regulatory journey. In addition, these final agency actions clear the way for legal challenges regarding, among other NEPA violations, the FRA’s failure to take the requisite “hard look” at the project’s environmental impacts, reasonable alternatives, and financial feasibility.
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by flex.202 | Sep 15, 2020 | Press Releases |
FOR IMMEDIATE RELEASE
September 15, 2020
Contact: Desi Porter
Email: info@TexansAgainstHSR.com
Texas Central Railway Deeds Texas Property To The Japanese Government
Jewett, Texas – Despite its claim to be a Texas company building a Texas project to benefit the people of Texas, public documents show Texas Central Railway has deeded property from Texas landowners to the Japanese government through an offshore entity set up in the Cayman Islands.
Based on a series of recently recorded real property transactions in counties along the affected route, it appears the Japanese government required Texas Central to put up the land as collateral for the sizeable loan owed to them. In each county (Leon, Waller, Madison, Harris, Grimes, Dallas, Ellis, etc.), Texas Central filed a “Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing” relating to property owned by Texas Central in that county. The beneficiary of these Deeds of Trust is an offshore entity named “Japan Texas High-Speed Railway Cayman GP.” Texas Central did not disclose the existence of this offshore beneficiary to any of the landowners it convinced to sign an option contract. Nor did it disclose its plans to use the property purchased through the option contracts to secure a loan from the Japanese government.
Adding to the serious concern of several elected officials from the local to federal levels, Texans Against HSR chair and president, Kyle Workman, explained that this latest deceptive action is one in a long string that landowners need to be made aware of. “Texas Central has long touted itself as a Texas company and a Texas project. Yet, some of the first Texas property it acquired was immediately deeded to an offshore shell company created by the Japanese government.”
Workman continued, “If Texas Central had disclosed their intent to deed this property to the government of Japan, lawmakers and landowners most likely would have considered these real estate transactions differently. There are still landowners with pending option contracts with Texas Central…these Texans must be notified immediately that the property Texas Central has acquired is being used as collateral to secure a loan from a foreign government. We ask that the Governor support measures to protect Texas land from being deceptively acquired and transferred into the shadows of offshore ownership, beyond the regulatory protections of US and Texas law.”
While Texas Central Railway continues to claim it will begin construction next year, the company has recently laid off the majority of its staff, admitted the cost estimate for the project has ballooned to $30B, expressed its intent to seek federal funds for a project they have called “private” and “not needing any public funds,” and is now being required by the federal-level Surface Transportation Board to file a full application including financial and ridership information, which the company has refused to make public thus far.
Additionally, the Federal Railroad Administration is set to publish its Record of Decision (ROD) related to the Final Environmental Impact Statement (FEIS) for this HSR project on Friday. This ROD does not give the company the needed permission to construct; however, it is considered a final federal action for the project, allowing lawsuits regarding FEIS NEPA violations to begin.
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by Texans Against High-Speed Rail, Inc. | Sep 15, 2020 | Blog Article, Press Releases |
Texas Central Railway Deeds Texas Property
To The Japanese Government
Jewett, TX – Despite its claim to be a Texas company building a Texas project to benefit the people of Texas, public documents show Texas Central Railway has deeded property from Texas landowners to the Japanese government through an offshore entity set up in the Cayman Islands.
Based on a series of recently recorded real property transactions in counties along the affected route, it appears the Japanese government required Texas Central to put up the land as collateral for the sizeable loan owed to them. In each county (Leon, Waller, Madison, Harris, Grimes, Dallas, Ellis, etc.), Texas Central filed a “Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing” relating to property owned by Texas Central in that county. The beneficiary of these Deeds of Trust is an offshore entity named “Japan Texas High-Speed Railway Cayman GP.” Texas Central did not disclose the existence of this offshore beneficiary to any of the landowners it convinced to sign an option contract. Nor did it disclose its plans to use the property purchased through the option contracts to secure a loan from the Japanese government.
Adding to the serious concern of several elected officials from the local to federal levels, Texans Against HSR chair and president, Kyle Workman, explained that this latest deceptive action is one in a long string that landowners need to be made aware of. “Texas Central has long touted itself as a Texas company and a Texas project. Yet, some of the first Texas property it acquired was immediately deeded to an offshore shell company created by the Japanese government.”
Workman continued, “If Texas Central had disclosed their intent to deed this property to the government of Japan, lawmakers and landowners most likely would have considered these real estate transactions differently. There are still landowners with pending option contracts with Texas Central…these Texans must be notified immediately that the property Texas Central has acquired is being used as collateral to secure a loan from a foreign government. We ask that the Governor support measures to protect Texas land from being deceptively acquired and transferred into the shadows of offshore ownership, beyond the regulatory protections of US and Texas law.”
While Texas Central Railway continues to claim it will begin construction next year, the company has recently laid off the majority of its staff, admitted the cost estimate for the project has ballooned to $30B, expressed its intent to seek federal funds for a project they have called “private” and “not needing any public funds,” and is now being required by the federal-level Surface Transportation Board to file a full application including financial and ridership information, which the company has refused to make public thus far.
Additionally, the Federal Railroad Administration is set to publish its Record of Decision (ROD) related to the Final Environmental Impact Statement (FEIS) for this HSR project on Friday. This ROD does not give the company the needed permission to construct; however, it is considered a final federal action for the project, allowing lawsuits regarding FEIS NEPA violations to begin.
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