High Speed Rail Affirmative
Solvency – Fed Key – Legal
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Solvency – Fed Key – LegalFederal action key – holds the legal trump cardDarren A. Prum and Sarah L. Catz, Assistant Professor, The Florida State University ** Director, Center for Urban Infrastructure; Research Associate, Institute of Transportation Studies, University of California, Irvine ARTICLE: GREENHOUSE GAS EMISSION TARGETS AND MASS TRANSIT: CAN THE GOVERNMENT SUCCESSFULLY ACCOMPLISH BOTH WITHOUT A CONFLICT?, Santa Clara Law Review, 2011, 51 Santa Clara L. Rev. 935 VI. Conclusion To accomplish the national and local goals of reducing greenhouse gas emissions through the transportation sector, government at all levels and industry must attempt to change course. Mass transit options are the most effective tools available to promote aggressive environmental policies within the transportation sector. However, the approach to mass transit requires new strategies and changes to long established processes. While the federal government appears as a late participant, many states have taken leadership positions to forge ahead towards a solution. The approaches taken by Florida and California to force local governments to directly evaluate and determine environmental impacts from transportation sources that require reductions in VMTs demonstrate that the dual goals are compatible. California takes these requirements a step further by monitoring compliance against identifiable targets. The approaches of both Florida and California show regulatory actions can start the process of identifying the best opportunities for mass transit alternatives and reducing greenhouse gas emissions. Likewise, the regional "cap-and-trade" initiatives demonstrate the willingness across international borders and amongst states to work collectively to affect climate change. While the current targets for decreasing greenhouse gas emissions mainly focus on electricity generators, the indirect benefit for some mass transit alternatives, such as fixed guideway systems, will also contribute. Meanwhile, the federal government still holds all of the cards from a legal perspective. Upon considering the constitutional aspects, Congress could easily render the actions taken by states meaningless by passing its own [*987] legislation and then enforcing it by either the commerce clause or preemption. Likewise, many of the federal agencies may do the same through their regulatory functions and by setting policies that conflict with aggressive actions taken by the states. Depending on the mode selected for implementation, naysayers will undoubtedly criticize such projects by citing the exorbitant capital costs required to complete these projects and the lack of reductions in greenhouse gases. n256 In some cases, their arguments will prove truthful; but, in other situations, their points will merely impede needed infrastructure investments, as demonstrated by The Brookings Institute's study on the Intermountain West. n257 Many parts of the country need the investment now as the population migration occurs and when entry costs and access right of ways are relatively easy to obtain at affordable prices. Interestingly, this debate centers around the fact that successful mass transit systems are obtainable without advancements in technology. Current technology will adequately satisfy the mass transit needs; however, the real prerequisite for success will come from desire. The public and government must have a desire to achieve serious greenhouse gas reductions from the transportation sector. This desire will derive from the personal gains that are made from trading an automobile for a mass transit solution. Ultimately, however, there is much work still to do to accomplish both goals successfully. Solvency – Fed Key – LegalOnly federal solves – current legal rights for rail companies undermine all non Amtrak rail operatorsDarren A. Prum and Sarah L. Catz, Assistant Professor, The Florida State University ** Director, Center for Urban Infrastructure; Research Associate, Institute of Transportation Studies, University of California, Irvine ARTICLE: GREENHOUSE GAS EMISSION TARGETS AND MASS TRANSIT: CAN THE GOVERNMENT SUCCESSFULLY ACCOMPLISH BOTH WITHOUT A CONFLICT?, Santa Clara Law Review, 2011, 51 Santa Clara L. Rev. 935 In other circumstances, the organization operating the HSR might need to gain access to privately owned freight railroad track. If the operator is Amtrak, it may utilize its unique authority pursuant to the Rail Passenger Service Act of 1970 that relieved the existing railroads of passenger service requirements in exchange for giving the new passenger rail company the statutory right to force its way onto any existing line if warranted based on the public’s demand for a given route.96 However, this authority is solely reserved for Amtrak and not other passenger railroad operators.97 This leaves all other operators at the mercy of the freight track owners to gain access, especially in densely populated urbanized locations. Moreover, a passenger rail organization looking to utilize condemnation proceedings to gain an existing ROW will find preemption by federal law if the action unreasonably burdens the ability of the freight railroad operator to complete its common carrier responsibilities associated with interstate commerce.98 As a result, any organization other than Amtrak looking to enter an agreement with an existing freight railroad operator for use of its ROW starts from a weakened bargaining position. To this end, the freight railroad track owners require indemnification from the passenger rail operators for liability in case an injury occurs.99 They do so because Amtrak voluntarily set the standard in the past and for the reason that no adverse consequences will occur to them if they fail to allow access to their tracks. Furthermore, by taking these actions, the freight track owners shift the financial liability and the associated costs to passenger operators. Absent a change in policy, these costs and liabilities placed on a non-‐Amtrak operator may have serious financial impacts to the viability of the HSR operator while giving Amtrak the opportunity to later enter a market with distinct cost advantages. Directory: files files -> Answer True False 2 points Question 2 files -> Integer programming and game theory files -> 4 Integer Programming files -> Bpa vehicle Window Repair Scenario #1 task: Procure vehicle window relacement. Objective files -> Pop Warner History files -> North Carolina Inclusion Initiative Mapping Where Children with ieps are Being Served Purpose files -> Fall 2013 Spring 2014 Program Data: Standard 1 Exhibit 4d files -> Hanban – asia society confucius classrooms network 2010 request for proposal files -> Northern England’s set-jetting locations Download 0.54 Mb. Share with your friends:
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