FOR IMMEDIATE RELEASE: April 14, 2021
TEXAS COUNTIES AND LANDOWNERS SUE BUTTIGIEG, FRA, AND US DOT IN FEDERAL COURT OVER HSR NEPA VIOLATIONS
Texas HSR project in jeopardy as lawsuit seeks to vacate and set aside Federal Railroad Administration’s Final EIS and special regulatory carve-out for Japanese HSR technology.
Jewett, Texas – Today, Texans Against High-Speed Rail (TAHSR), ten landowners, and six Texas Counties filed a federal court lawsuit challenging the Federal Railroad Administration’s (FRA) Record of Decision approving its Final Environmental Impact Statement (EIS) for the proposed Dallas to Houston high-speed rail (HSR). In 2014, FRA said it would be preparing an EIS to study the impacts of constructing and operating the proposed HSR. In 2020, FRA suddenly changed course, claiming it had prepared its EIS to study the impacts of a special set of safety rules that apply only to the proposed Japanese Shinkansen HSR technology. FRA now claims this new “rule of particular applicability” (RPA) would allow the Shinkansen technology to be deployed anywhere in the U.S.
Led by TAHSR Special Litigation Counsel Blake Beckham and Patrick McShan of The Beckham Group, environmental attorneys Jim Blackburn and David Kahne, and eminent domain specialists Glenn Sodd, Jason Sodd, Jody McSpadden, and Clint Schumacher of Dawson & Sodd, Texas landowners and Counties joined forces to challenge FRA’s blatant, yet nuanced, violations of the National Environmental Policy Act (NEPA) and Administrative Procedure Act, both of which were designed to promote transparency, informed decision-making, and full and fair opportunity for comment by affected persons. The lawsuit details FRA’s numerous unlawful actions, resulting in a Final EIS that failed to evaluate all reasonable alternatives to the HSR and all potential adverse environmental impacts.
Blackburn, who teaches environmental law at Rice University, said, “My biggest concern is that a federal agency undertook an action to authorize construction and operation of this HSR across private property when it lacked authority to approve construction or operation. That is not only unlawful but simply wrong. Add to that the fact that this is one of the worst environmental analyses I have encountered in my 45 years as an environmental lawyer and you have a real mess that belongs before a federal judge. These private grasslands are among our nation’s greatest natural assets. We must protect them from wrongful actions.”
Kyle Workman, president of TAHSR, said, “The Final EIS is riddled with errors and issues that were never addressed, including adverse environmental impacts and social disparities. The damage began years ago and continued through to the RPA. This was a bait and switch, not only on the people of Texas but all Americans. FRA neglected to properly study the impacts on Texas and now it is attempting to use its deficient study to allow a foreign government to bypass NEPA’s requirements and deploy its incompatible technology anywhere in the U.S. FRA’s actions should concern the entire nation.”
Harris County landowner and plaintiff Calvin House said, “Agents for the promoters of this HSR came to my property six times asking for a survey, and every time I told them no. So, they sued me, but the court ruled in my favor. That didn’t stop FRA from trespassing on my property and including the information illegally collected in its Final EIS. I’m proud to be a part of this lawsuit so we can right these wrongs.”
Waller County Judge Trey Duhon offered, “Waller County has tried to coordinate fully with FRA to ensure our County was studied properly for current and future impacts this HSR project would have in our area. Not only was County property taken illegally for survey use, FRA refused to meet with County officials to safeguard our roads, floodways, and future growth. With these and other NEPA violations of this Project, the only solution for relief is to rescind the EIS and remove the special safety rules created.”
Plaintiffs include the Counties of Grimes, Freestone, Leon, Madison, Navarro, and Waller, and landowners Ronny Caldwell, Calvin House, Donovan Maretick, David and Heather Miseldine, Ronald and Becky Scasta, Gene and Michaelle Whitesides, and Logan Wilson III.
The complaint, filed in the United States District Court for the Western District of Texas, Waco Division, can be seen here: https://rb.gy/ehmrku
