Save Noyo Headlands Document Repository
Federal Railroad Authority and the Surface Transportation Board
- Federal Railroad Law, Federal Preemption of State and Local Jurisdiction
- Michael Conneran. "I Hear That Train A'comin': Municipal Legal Issues Involving Railroads". April 30, 2021. History of federal railroad law. Includes an analysis of eminant domain and federal preemption, when it applies and when it does not.
- "I Hear That Train a Comin..." PPT PowerPoint Slide Deck for Conneran's presentation above. Slide 24 begins a discussion of federal preemption.
- The Federal Laws Applicable to Railroads 2017 Section of the Albemarle Community Land Use Handbook detailing the statute and case law around federal preemption of state and local regulations.
- The City of Fort Bragg's NOTICE OF LODGING OF FEDERAL AGENCY OPINIONS CITED IN SUPPORT OF OPPOSITION TO DEMURRER contains four Surface Transportation Board decisions relevant to federal preemption of local regulations:
- Bureau of Riverdale (4 S.T.B. 380; 1999 S.T.B 531)
- City of Auburn and Kent, WA (2 S.T.B. 330; 1997 STB Lexis 143)
- Maumee & Western Railroad and RMW Ventures (2004 STB Lexis 140)
- Norfolk Southern Railway Co. (2016 STB Lexis 61)
- History
- Federal Register Notice that Mendocino Railway acquired California Western Railroad, April 9, 2004
- Railroad Retirement Board finding, September 28, 2006, that Mendocino Railway "does not and cannot now operate in interstate commerce...it is not currently an employer under the [Railroad Retirement and unemployment] acts."
- MEYER for CWR v. NCRA, January 30, 2007, denying CWR's complaint for damages because NCRA failed to maintain the rail segment between Willits and Schellville/Napa Junction, resulting in FRA emergency order shutting down the line.
- Letter from Baker & Miller PLLC, Mendocino Railway Attorney, to SMART District, May 19, 2020, expressing interest in "acquiring the freight rights currently held by Northwestern Pacific Company ("NWP") on the NCRA/NWP line or, at the very least, the rights to that portion of the line between Cloverdale and Willits"
- Railroad Rehabilitation & Improvement (RRIF) Express Loan Application
- RRIF Background Links
- RAILROAD REHABILITATION & IMPROVEMENT FINANCING Guide U.S. Department of Transportation, Federal Railroad Administration, Released July, 2014
- Notice of Funding Opportunity for Letters of Interest for the RRIF Express Pilot Program Under the Railroad Rehabilitation & Improvement Financing Program, Released June 1, 2023
- RRIF Express — Expedited, Low-Cost Loans for Short Line & Regional Railroads Last updated June 8, 2023
- U.S. Department of Transportation — Application for RRIF and TIFIA Credit Assistance Fiscal Years 2022 - 2026 Blank, for reference.
- Noyo River Map & Background Links
- Topographical Map showing the Noyo River and the Mendocino Railway track between Fort Bragg and Willits
- Noyo River Critical Coastal Area Published by the California Coastal Commission, December, 2019
- Water Utilities Supply Chain Challenges and Case Studies:Self-Reliance and the City of Fort Bragg, published by the U.S. E.P.A Office of Water, July, 2022
- Noyo River Total Maximum Daily Load for Sediment, published by the U.S. E.P.A, December 16, 1999
- 2021 Mendocino Railway Application for RRIF Loan (Withdrawn)
Attempts to obtain a copy of the actual application have been unsuccessful. However, the following are in the public domain: - 45 U.S. Code 17: Railroad Revitalization & Regulatory Reform The section of Federal law that enables and regulates the terms of RRIF loans.
- NCRA letter to U.S. Department of Transportation, November 3, 2021, opposing Mendocino Railway's RRIF loan request on both legal and substantive grounds.
- California Coastal Commission letter to the U.S. Department of Transportation, November 5, 2021, asserting jurisdiction over the loan financed activities under the Federal Coastal Zone Management Act.
- Letter from the City of Fort Bragg, November 22, 2021, opposing the loan with extensive discussion of the City's position.
- Friends of the Eel River Letter Opposing RRIF Application, November 17, 2021
- Mendocino Railway Cease and Desist letter to the City of Fort Bragg, sent December 12, 2021.
- Mendocino Railway request for Coastal Consistency Determination, includes Federal Railroad Adminstration Categorical Exclusion Worksheet and Coastal Consistency Determination, submitted February 28, 2022. (36mb file)
- City of Fort Bragg's letter to the Coastal Commission opposing Mendocino Railway's RRIF application, March 14, 2022, on the grounds that it "would allow Mendocino Railway to strategically claim exemption from local and state regulations and bypass the community's ability to participate in planning reuse of the site, which comprises approximately a third of the land within city limits."
- Mendocino Railway Consistency Determination withdrawn April 11, 2022 by Federal Railway Authority.
- 2023 Sierra Northern Railway/Mendocino Railway Application for RRIF Loan Submitted October 11, 2023. (Granted, Pending) Attempts to obtain a copy of the actual application have been unsuccessful. However, the following are in the public domain:
- FRA Categorical Exclusion Worksheet Version 5, June 29, 2022, Required National Environmental Policy Act document submitted as part of SNR/MR's RRIF Express application.
- RRIF LOAN AGREEMENT For Up to $31,379,805 With SIERRA NORTHERN RAILWAY and MENDOCINO RAILWAY... (RRIF No. 2024-0049), Dated January 11, 2024. Contains detailed budgets, timelines and workplans.
- California Coastal Commission Public Hearing Notice: Negative Determination No. ND-0008-24 (Federal Railroad Administration, Mendocino County Calendared for Thursday, March 14, 2024.
- California Coastal Commission staff's DRAFT Objection Letter to Negative Determination No. ND-0008-24 released March 4, 2024. Coastal Commission staff's proposed response to the FRA Categorical Exclusion Worksheet, including detailed justification for rejecting the Categorical Exclusion Worksheet as meeting the legally required consistency determination regarding coastal matters.
- ADDENDUM to DRAFT Objection Letter to Negative Determination No. ND-0008-24, dated March 11, 2024. Recognizes the threat to the City of Fort Bragg's water supply taken from the Noyo River and strengthens other objections.
- APPELLANT'S CORRECTED SECOND SUPPLEMENTAL MOTION FOR JUDICIAL NOTICE; DECLARATIONS OF CRYSTAL ZORBAUGH AND PAUL BEARD II IN SUPPORT THEREOF, filed March 4, 2024. Asserts federal preemption in the matter of the Coastal Commission asserting authority under the Coastal Zone Management Act, over Mendocino Railway's RRIF Express loan project to rehabilitate the rail line between Fort Bragg and Willits.
- Federal Rail Administration Response to California Coastal Commission Letter of Objection to the FRA's Negative Determination, Dated April 19, 2024.
- Great Redwood Trail Abandonment Petition — NWPRC Willits to Windsor
- Great Redwood Trail Feasibility, Governance and Railbanking Report, July 2020
- S.T.B Docket AB 1313. Federal Register 86:111 June 11, 2021 Federal Register notice of North Coast Rail Authority application to terminate operating rights over the rail line from Outlet Station to Fairhaven.
- S.T.B Docket AB 1310. Federal Register 86:145 August 2, 2021 Federal Register Notice of Northewatern Pacific Railroad Company petition to discontinue service between Outlet Station and the Mendocino/Sonoma County line.
- Great Redwood Trail SURFACE TRANSPORTATION BOARD DECISION Docket No. AB 1310 NORTHWESTERN PACIFIC RAILROAD COMPANY—DISCONTINUANCE OF SERVICE EXEMPTION—IN MENDOCINO COUNTY, CAL. Published August 31, 2021
- Mendocino Railway letter opposing California Coastal Commission's Motion in support of NCRA abandonment, filed January 4, 2022.
- Mendocino Railway letter correcting alleged "misleading statements" in a prior letter from NCRA, filed January 20, 2022
- Great Redwood Trail Agency's Certification of Filing and Service of Information Requirerd Pursuant to 49 CFR 1152.27(2), September 15, 2022. GRTA's reply to Mendocino Railway's application to re-open rail line from Willits to Longvale. (18mb file)
- Railroad Rehabilitation Assessment Willits MP 139.5 to Longvale MP152.5, September 12, 2022. Estimates the rehabilitation cost for that 13 mile segment at $22.5 Million.
- MENDOCINO RAILWAY'S OFFER OF FINANCIAL ASSISTANCE, filed October 17, 2022.
- SURFACE TRANSPORTATION BOARD DECISION Docket No. AB 1305X GREAT REDWOOD TRAIL AGENCY —ABANDONMENT EXEMPTION— ..., filed October 21, 2022. "It is ordered: 1) MR's OFA is rejected..."
- PETITION FOR PARTIAL WAIVER OF ABANDONMENT REGULATIONS AND FOR EXEMPTION FROM STATUTORY REQUIREMENTS, filed February 28, 2022
- Docket No. AB-1305 (Sub-No. 1) - Great Redwood Trail Agency – Adverse Abandonment – Mendocino Railway in Mendocino County, California filed April 12, 2024. Complete with supporting documents. 196 mb file.
- NOTICE OF INTENT TO FILE ADVERSE ABANDONMENT BEFORE THE SURFACE TRANSPORTATION BOARD AB-1305 (Sub-No. 1) — GREAT REDWOOD TRAIL AGENCY – ADVERSE ABANDONMENT – MENDOCINO RAILWAY IN MENDOCINO COUNTY, CA filed March 14, 2024
- Feasibility & Market Analysis of Rail Freight Service in the Fort Bragg, Willits & Cloverdale Corridor Prepared by: Marie Jones Consulting, March 6, 2024.
- Expedited Consideration Letter Opposing GRTA's Request For Waiver of the Filing Fee Filed April 14, 2024 by Mullins Law Group on behalf of Mendocino Railway.
- Great Redwood Trail Agency–Adverse Abandonment–Mendocino Railway in Mendocino County, Cal. (89 Federal Register 35919) Published May 2, 2024
- Great Redwood Trail Agency–Adverse Abandonment–Mendocino Railway in Mendocino County, Cal. (89 Federal Register 35919) Published May 2, 2024