City of Vernon v. Public Utilities Commission

Good Law
106 Cal. Rptr. 2d 145·2001 Cal. App. LEXIS 305·2001 Daily Journal DAR 4005·88 Cal. App. 4th 672
Court of Appeal of CaliforniaMarch 26, 2001No. B131559California2,886 words

Opinion

Lead Opinion

Mallano, J.

Real party in interest Atchison, Topeka & Santa Fe Railway (Santa Fe) is a public utility that owns the Hobart Yard, an “intermodal” facility in which large shipping containers are transferred from railroad cars to trucks and vice versa. The facility is located partially within the city limits of petitioner City of Vernon (Vernon). Santa Fe has undertaken to expand *674 the size and capacity of the Hobart Yard, which will concomitantly increase the amount of truck traffic on adjacent streets. In proceedings before respondent California Public Utilities Commission (the Commission), Vernon asserted that the Hobart Yard expansion project required the preparation of an environmental impact report (EIR) within the meaning of the California Environmental Quality Act (CEQA). The Commission rejected Vernon’s argument, ruling that an EIR was not required. We granted Vernon’s petition for writ of review in order to give the matter plenary consideration. Having done so, we affirm the ruling of the Commission.

Background

The case has a lengthy history. In 1994, Santa Fe submitted applications to Vernon for conditional use permits in connection with the expansion project. Vernon…

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