Napa Valley Wine Train

50 Cal. 3d 370 (1990), 787 P.2d 976

The Court concluded that because the Wine Train’s passenger service would be operated on “rights-of-way” already in existence, the new service qualified for an exemption from the California Environmental Quality Act (“CEQA”).  The Commission decision to the contrary was reversed.  Fourteen years later, the Wine Train litigation was still pending before the Commission and the Courts (see City of St. Helena, Para. 25, supra.)  Whether the discourse, like wine, improved with age or simply oxidized is a question left to the individual reader.  Note that under Section 21168.6 of the Public Resources Code, review of Commission decisions related to CEQA is reserved to the Supreme Court, a factor leading to delay of the review in UCAN (Para. 14).

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