Juliet H. Cho

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Juliet Cho focuses her practice on land use, environmental due diligence, entitlements, the California Environmental Quality Act (CEQA) permit approval process, municipal law, and land use and environmental litigation. She has engaged in water projects, renewable energy projects, local government projects, and industrial and mixed use projects.

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Governor’s Budget Proposal Throws a Life Preserver to the High-Speed Rail Project

By Juliet H. Cho on Posted in High Speed Rail
On the heels of Sacramento County Superior Court Judge Michael Kenney’s decision halting an $8 billion bond sale for the construction of the California high-speed rail (“HSR”) project, Governor Jerry Brown has submitted a budget proposal to reapportion money from California’s surplus fund to the HSR project.  Notably, the surplus fund includes $850 million generated … Continue Reading

Is Your Property Next? California Authorizes Condemnation of Fresno County Property for High Speed Rail Project

By Juliet H. Cho on Posted in High Speed Rail
The California High-Speed Rail Authority’s (the “Authority”) first request to seize a parcel in Fresno County through eminent domain has been approved by the State Public Works Board (the “SPWB”), the state agency that oversees fiscal matters associated with construction of projects for state agencies.  The Authority made its request to the SPWB because its … Continue Reading

Major Roadblock in High-Speed Rail Project’s Track

By Juliet H. Cho on Posted in High Speed Rail
A ruling by the Sacramento County Superior Court has presented a major roadblock to the California High-Speed Rail Authority’s (“Authority”) high-speed rail project (“Project”).  On November 25, 2013, Judge Michael Kenny ruled that the Authority was not authorized to sell $8 billion of the $10 billion in state bonds designated for project funding under Proposition … Continue Reading

Hearing on Nov. 8 May Determine California High Speed Rail’s Future

By Juliet H. Cho on Posted in High Speed Rail
The parties in a pending Sacramento Superior Court action, Tos, et. al. v. California High Speed Rail Authority, et al., have submitted supplemental briefing in preparation for a hearing next week.  The supplemental briefing addresses the Court’s uncertainty as to whether the issuance of a writ of mandate invalidating the High Speed Rail Authority’s (“Authority”) … Continue Reading

California High-Speed Rail Authority Violated Proposition 1A

By Juliet H. Cho on Posted in High Speed Rail
The California High-Speed Rail Authority ("Authority") had a major setback on Friday when Sacramento County Superior Court Judge Michael Kenny ruled that the Authority had "abused its discretion by approving a funding plan that did not comply with the requirements of [Proposition 1A]" and failed to identify "sources of funds that were more than merely theoretically possible." Proposition 1A, which voters passed in 2008, requires the Authority to identify the funding for the entire first segment of the high-speed rail project and clear all environmental review prior to commencing construction. Last summer, lawmakers authorized selling $2.6 billion in state bonds for construction of the first segment, the 130 miles from Madera to Fresno, and allowed the state to tap $3.3 billion in federal matching funds. During the hearing, the Authority argued that it had complied with Proposition 1A because the requirements only apply to the construction of the first 130-mile segment.… Continue Reading

High Speed Rail Authority’s Appraisal Process Questioned

By Juliet H. Cho on Posted in High Speed Rail
Two Republican State Assemblymen (Jim Patterson, R-Fresno and Frank Bigelow, R-O’Neals) submitted a request to the Joint Legislative Audit Committee on Tuesday for an investigation into the California High Speed Rail Authority’s (“Authority”) appraisal process, assessment of land values, and the role of private contractors in the Authority’s acquisition of 356 parcels in the Central … Continue Reading

Marin County’s Plastic Bag Ban Categorically Exempt From CEQA Review

By Juliet H. Cho on Posted in CEQA
Decision expected to provide guidance for public agencies in determining the type of environmental review required for such bans. In Save the Plastic Bag Coalition v. County of Marin, et al. (published in part by the First Appellate District on July 25, 2013) (“Marin”), the court upheld the County of Marin’s (“County”) ordinance prohibiting certain retail establishments … Continue Reading

Alignment Approval for Initial Construction Delayed

By Juliet H. Cho on Posted in High Speed Rail
The High-Speed Rail Authority’s (the “Authority”) monthly Board of Directors meeting in Sacramento is scheduled for tomorrow, June 6, 2013.  Many supporters and opponents of the High-Speed Rail Project (the “Project”) have been waiting anxiously for this meeting because the previously released agenda indicated that the Board would approve a rail alignment between Fresno and … Continue Reading

High Speed Rail Authority Ready for Construction after Settling Environmental Lawsuits

By Juliet H. Cho on Posted in High Speed Rail
On the eve of target date to commence construction, the California High-Speed Rail Authority (the “Authority”) managed to settle the remaining environmental lawsuit that jeopardized the construction of the initial segment of the High-Speed Rail project.  On April 18, 2013, the Madera County Farm Bureau, Merced County Farm Bureau, Chowchilla Water District, Preserve Our Heritage, … Continue Reading

High Speed Rail Authority One Step Closer to Selecting Fresno to Bakersfield Route

By Juliet H. Cho on Posted in High Speed Rail
The California High Speed Rail Authority (Authority) convened last Thursday, April 7 at Fresno City Hall to discuss the high-speed rail project’s (Project) alternative routes in the Central Valley. Project planners presented a recommendation for the Fresno-to-Bakersfield route that will follow the BNSF Railway track until it heads west to Hanford and passes through Corcoran, … Continue Reading

HSR Files Validation Action Against All Interested People

By Juliet H. Cho on Posted in Uncategorized
On March 19, the California Attorney General’s office filed a complaint for a validation action against all interested people in the world in Sacramento Superior Court on behalf of the California High Speed Rail Authority (“Authority”).  A validation action is a process granted only to public agencies under California law that permits such agencies to … Continue Reading

Valley Land Owner’s Bid to Derail High Speed Rail Is Denied

By Juliet H. Cho on Posted in CEQA, Uncategorized
In the continuing legal battle between Central Valley agricultural interests and California’s high-speed rail (“HSR”) project, plaintiffs in three separate lawsuits in Sacramento County Superior Court requested a preliminary injunction to stop all work associated with the initial segment of the HSR between Merced and Fresno until a ruling on the lawsuits’ merits.  On November … Continue Reading

California Governor Signs AB 900 Streamlining CEQA Challenges

By Juliet H. Cho on Posted in CEQA
Governor Brown recently signed Assembly Bill (“AB”) 900 to expedite judicial review of certain “leadership projects” with hope that the streamlining efforts will improve the job market for Californians.  The bills provide an incentive for applicants to move forward with their projects because any challenge to a leadership project Environmental Impact Report (“EIR”) under the … Continue Reading

Legislature Scrutinizes High Speed Rail Project Management

By Juliet H. Cho on Posted in High Speed Rail
The California High Speed Rail Project (“Project”) has recently been subject to operational scrutiny.  The Legislative Analyst Office (“LAO”) released a report (link) early last month that highlights several issues with the project, including the lack of overall funding and the inadequate expertise of board members.   After the report was issued, the state’s Senate and … Continue Reading

California High Speed Rail Secures Another Infusion of Federal Funding

By Juliet H. Cho on Posted in High Speed Rail
The California High Speed Rail Authority (“Authority”) announced yesterday that it has received $300 million in additional funding from the federal government.  The money has been reallocated from the $2 billion that was set aside for the Florida high speed rail project, which was rejected by their governor earlier this year.  In addition to the … Continue Reading

Bay Area Segment of High Speed Rail may get Side-Tracked

By Juliet H. Cho on Posted in High Speed Rail
Today, Mike Mills and I attended the California High Speed Rail Authority’s (“Authority”) monthly board meeting at which the Authority’s board voted on several agenda items related to final route alternatives for the High Speed Rail Project. The Operations Committee presented a proposal to study the Grapevine as a concept in place of the Palmdale … Continue Reading
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