BNSF Appeals POLA Railyard Ruling

By Mark Edward Nero

BNSF Railway said Aug. 2 that it would appeal a final ruling by a Superior Court judge stating that the Port of Los Angeles and City of Los Angeles must complete deeper analysis of possible environmental impacts before proceeding with a $500 million railyard project.

The Southern California International Gateway project, or SCIG, is aimed at expediting the transfer of international containers to intermodal trains at the largest US port complex and reducing truck congestion in the region.

But the judge’s decision means that the project, which has been in the planning process for a decade and tied up in litigation since 2013, could be delayed another two years.

BNSF is joined in its appeal by the city and Port of Los Angeles. They say that the lower court ruling is an “unprecedented expansion” of the scope of the California Environmental Quality Act. “BNSF is confident the appellate court will correctly apply the law, reverse the lower court ruling and maintain the existing scope of CEQA,” the railroad said in a prepared statement announcing the appeal.

The railway company also says that if built, the SCIG would reduce truck traffic, freeway congestion and air pollution by eliminating about 1.3 million truck trips annually along a 24-mile stretch of the Long Beach (710) Freeway to BNSF’s Hobart Yard near downtown LA.

The proposed project would sit just outside West Long Beach, alongside the Terminal Island Freeway on land owned by the Port of LA. The project, if built, would serve on-dock rail facilities at both the Port of Long Beach and the Port of Los Angeles.

Originally, construction was due to begin in 2013 and open in 2016, but in June 2013, the City of Long Beach filed a lawsuit seeking an injunction against the project, saying that the SCIG would adversely affect its residents, businesses and schools by bringing more noise and air pollution to an area that has already suffered plenty over the years due to nearby port-related operations.

Three More Groups Sue Over SCIG Project

On the heels of a lawsuit filed last week by the City of Long Beach, three groups have filed separate legal actions to try halting development of the $500 million Southern California International Gateway project.

The Natural Resources Defense Council, South Coast Air Quality Management District and Long Beach Unified School District all submitted anti-SCIG lawsuits in Los Angeles Superior Court June 7, alleging that the Port of Los Angeles didn’t conduct a full and thorough environmental review before approving the project.

The City of Long Beach made similar allegations when filing its lawsuit June 5. Long Beach and the other plaintiffs say the SCIG would adversely affect its residents, businesses and schools by bringing more noise and air pollution to an area that has already suffered plenty over the years due to nearby port-related operations.

They seek an injunction against the 153-acre project, which was approved by the Los Angeles City Council in May 2013 and by the Port of Los Angeles Commission about two months before that.

If built, the BNSF-owned project would sit just outside West Long Beach, alongside the Terminal Island Freeway on land owned by the Port of LA. It would serve on-dock rail facilities at both the Port of Long Beach and the Port of Los Angeles.

Despite allegations that it would increase asthma and cancer rates in the West Long Beach area, BNSF contends that if built, the SCIG would reduce truck traffic, freeway congestion and air pollution by eliminating about 1.3 million truck trips annually along a 24-mile stretch of the Long Beach 710 Freeway to BNSF’s Hobart Yard near downtown LA.

Originally, construction was due to begin later this year and open in 2016, but that plan could be delayed or scrapped altogether depending on the status of the legal actions against it.

 

Long Beach Files Suit Against SCIG Project

The City of Long Beach on June 5 filed a lawsuit seeking an injunction against a BNSF Railway and Port of Los Angeles plan to construct a $500 million rail yard project that Long Beach says would negatively affect its residents.

In its suit, Long Beach seeks an injunction against the 153-acre Southern California International Gateway, or SCIG, project. The proposed project would sit just outside West Long Beach, alongside the Terminal Island Freeway on land owned by the Port of LA. The project, if built, would serve on-dock rail facilities at both the Port of Long Beach and the Port of Los Angeles.

The City of Long Beach, however, claims that the SCIG would adversely affect its residents, businesses and schools by bringing more noise and air pollution to an area that has already suffered plenty over the years due to nearby port-related operations.

“The negative effects of the rail yard project will be borne almost entirely by the residents of West Long Beach,” the legal complaint states in part.

The city also contends in its suit that the project doesn’t comply with the California Environmental Quality Act, a statute requiring state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts.

Despite ongoing objections by the City of Long Beach, the Los Angeles City Council on May 8 gave final approval to the SCIG via an 11-2 vote; the Port of Los Angeles Harbor Commission likewise approved the project in March.

The project also has had major support from local labor unions due to the estimated 1,500 direct and indirect jobs per year that BNSF has said the project would create over three years.

The railway company also says that if built, the SCIG would reduce truck traffic, freeway congestion and air pollution by eliminating about 1.3 million truck trips annually along a 24-mile stretch of the Long Beach (710) Freeway to BNSF’s Hobart Yard near downtown LA.

Originally, construction was due to begin later this year and open in 2016, but that plan could be delayed or scrapped altogether depending on the status of Long Beach’s legal action.

SCIG Receives LA City Council Approval

On an 11-2 vote, the Los Angeles City Council on May 8 gave final approval to the proposed Southern California International Gateway (SCIG) intermodal rail yard, a planned rail yard project near the Port of Los Angeles.

The near-dock rail container transfer facility represents a private investment of more than $500 million by Burlington Northern Santa Fe Railway, which plans to develop and operate the rail yard on a 185-acre site.

The Port of Los Angeles Harbor Commission approved the project in March.

“This is a good project from both an environmental and economic point of view,” Councilman Joe Buscaino, a strong supporter of the project, said. “This will be the cleanest rail yard ever built in this country and will mean a reduction in air pollution through better cargo handling and eliminating one million truck trips a year on the freeway.”

The project had been opposed by local residents and environmental activists who have said that the facility would bring more noise and air pollution to an area that has already suffered from plenty of both over the years due to port-related activities.

The two ‘no’ votes were cast by Council members Bernard Parks and Jan Perry, who said they had concerns about how the noise and air pollution generated by the project would affect the nearby residential areas.

“It doesn't look like we’ve done our best to deal with these issues,” Parks said. “There are still fundamental issues that need to be resolved.”

With the project now approved, construction’s due to begin later this year on the near-dock rail yard, which would transfer containerized cargo between trucks and railcars about four miles north of the Los Angeles and Long Beach ports, primarily on land owned by the City of Los Angeles Harbor Dept., as well as on adjacent private land in Los Angeles, Long Beach and Carson.

The facility’s expected to open in 2016.

Long Beach City, Port Appeal SCIG Project

A conflict between the ports of Los Angeles and Long Beach over a proposed BNSF rail yard is continuing to grow.

The Long Beach Board of Harbor Commissioners this week voted to support a City of Long Beach appeal of the Southern California International Gateway rail yard project that was approved March 7 by the Port of Los Angeles.

The City of Long Beach has appealed the Port of Los Angeles’ approval of the project to the Los Angeles City Council, which is expected to vote on the project in the coming weeks. Long Beach officials have opposed the project as it stands, saying it doesn’t sufficiently reduce the impact on western Long Beach.

The 153-acre SCIG facility proposed by BNSF Railway Co. sits just outside West Long Beach, alongside the Terminal Island Freeway on land owned by the Port of LA. The project, if built, would serve on-dock rail facilities at both the Port of Long Beach and the Port of Los Angeles.

Long Beach officials, however, say much of its impact would negatively affect nearby Long Beach residents, businesses and schools.

Local residents and environmental activists on the Long Beach side have claimed the facility would bring more noise and air pollution to an area that has already suffered from plenty of both over the years due to port-related activities.

“Everyone can do better on this project than has been done so far,” Long Beach Harbor Commission President Susan Anderson Wise said.

At an April 1 board meeting, Wise, along with commissioners Rich Dines, Nick Sramek and Doug Drummond, voted to direct port staff to work with the City of Long Beach to help find solutions for the issues the city raised against the project.

Commissioner Thomas Fields recused himself because of a possible conflict of interest related to his investments.

BNSF and the Port of LA say if the project’s constructed, it would reduce truck traffic, freeway congestion and air pollution by eliminating about 1.3 million truck trips annually along a 24-mile stretch of the Long Beach (710) Freeway to BNSF’s Hobart Yard near downtown LA.

Construction, which is scheduled to begin later this year, could create an estimated 1,500 direct and indirect jobs per year over three years, according to BNSF. The rail yard’s expected to generate up to 1,096 long-term jobs at full capacity when it opens in 2016.

The City of Long Beach’s appeal of the project is on behalf of the entire city, including its Harbor Department, which is the Port of Long Beach. However, harbor commissioners said they felt it was important to go on the record with their support of the appeal and to call for solutions.

“LA needs to treat Long Beach like a neighbor, not just dump the project over here without mitigation and changes,” Commissioner Sramek said.

POLA Approves BNSF Rail Yard EIR

After a full day of testimony by more than 100 people in favor of and opposed to the project, the Port of Los Angeles Harbor Commission on March 7 approved an environmental impact report for the proposed Southern California International Gateway (SCIG) intermodal rail yard.

With the EIR now approved, construction is due to begin later this year on the near-dock rail yard, which would transfer containerized cargo between trucks and railcars about four miles north of the Los Angeles and Long Beach ports, primarily on land owned by the City of Los Angeles Harbor Dept., as well as on adjacent private land in Los Angeles, Long Beach and Carson.

The near-dock rail container transfer facility represents a private investment of more than $500 million by Burlington Northern Santa Fe Railway, which plans to develop and operate the nation’s greenest intermodal rail yard on a 185-acre site.

The project had major support from local labor unions, which touted the hundreds of jobs the project is expected to create, however it was decried by local residents and environmental activists who have said that the facility would bring more noise and air pollution to an area that has already suffered from plenty of both over the years due to port-related activities.

Among those testifying against the EIR was Long Beach Mayor Bob Foster, who said the impacts on those living near the project would be too great. He, like dozens of others who testified, urged the board to send the EIR back for revision.

Among those for the EIR was Steve Agor, director of business development for civil engineering company Skanska USA, who testified that he believed BNSF would act in the best interest of the region.

“At Skanska, we live, work and play within the communities in which we construct major infrastructure project,” he said. “We take great efforts to employ skilled, available, local work force. BNSF’s SCIG project mirrors our core value to provide sustainable solutions, in a safe and fiscally responsible manner.”

Although the Harbor Commission didn’t reject the EIR, it did amend language in a project condition requiring BNSF to implement new zero-emission technologies after the ports of Los Angeles and Long Beach both determine it is technically, operationally and commercially feasible.

The Harbor Commission also amended an EIR mitigation measure to require BNSF to implement other emission reduction technology after it becomes technically, operationally and commercially feasible.

The project is expected to reduce truck traffic, freeway congestion and air pollution by eliminating about 1.3 million truck trips annually along a 24-mile stretch of the Long Beach (710) Freeway to BNSF’s Hobart Yard near downtown LA.

Construction is due to begin later this year could create an estimated 1,500 direct and indirect jobs per year over three years, according to BNSF. The rail yard is expected to generate up to 1,096 long-term jobs at full capacity when it opens in 2016.