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Originally Posted by N830MH
Yes, you're right. I didn't even know that. Why they suing the Federal government? I just don't understand it.
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They're suing the Federal government because it is them doing the environmental study, and it is them that will approve the remedies of any environmental issues. The FEC AAF project is already approved informally, just waiting the final report of the environmental study to be issued. The suit is about the Feds not waiting for the final report to be issued before commenting their approval of the project.
I would like to add that almost all transportation projects are eventually approved by the Feds anyways. What's being decided presently are what remedies or remedial actions will have to be done to address all environmental issues, so the final report can be issued. Those remedial actions will be included in the final report.
Let's review what some remedial actions might be included for various environmental issues:
Noise: (1) Using welded rail and (2) Installing sound barriers to lower noise to maximum allowed levels. Not running the train at all isn't a permissible remedial action.
Additionally, most of the noise will come from the train's horn that must be so loud at every crossing by law or regulations. Not using the horn is only allowed in low noise zones where the crossings meet pre-approved remedies. Only governments can ask for low noise zones.
Vibrations: (1) Using alternate materials in the railroad beds and (2) Beefing up nearby buildings.
Neighborhoods inequalities economically: (1) Rerouting the rail corridor.
I would like to add that they will be using an existing rail corridor north the Cocoa Beach and a turnpike corridor west to Orlando. They aren't using a brand new corridor that can be rerouted.
Wildlife: (1) Limit construction activities while birds are nesting, (2) Install fencing to keep wildlife out, (3) Provide a means for wildlife to cross (over or under) the corridor safely, and (4) Reroute the corridor. Again, 4 isn't applicable in this case and the other three aren't going to stop this train.
Affects on other modes of transportation: (1) Building more grade separation crossings, (2) Improve the signaling and gates, and (3) Improving bridges over waterways. On flat Florida land, it's more likely for bridges to be built over the railroad where it is at now, and for the railroad to be built over the highways where there is no railroad now. It seems whatever existed first has legal priority at crossings. As for the waterways, all the bridges' operations can be improved upon.
Never-the-less, none of these potential remedies will stop the train by themselves. At best, they will make it more expensive to be built, possibly too expensive.
Which brings us back to what is imho a frivolous lawsuit. The Federal office holder being sued included the phrase meeting the environmental remedial actions in his speech. Which is the purpose of environmental studies in the first place, to identify remedial actions instead of stopping a project.