On August 28, 2020, the North County Transit District (NCTD) filed a Petition for Declaratory Order with the Federal Surface Transportation Board (“STB”) in Washington, DC, naming the City of Del Mar and the California Coastal Commission as Parties.
NCTD owns the railroad that runs through the City of Del Mar and the right-of-way adjacent to the railroad. NCTD’s claims are based on the City’s concerns regarding construction of fencing, the City’s requests for mitigation measures related to the emergency bluff repair work, and the City’s interest in regional consideration of relocating the railroad off the sensitive coastal bluff. NCTD alleges these actions interfere with their operation of the rail system. The Petition asks the STB to find that certain actions by the City of Del Mar and the Coastal Commission are preempted by the Interstate Commerce Commission Termination Act.
The City of Del Mar has until October 5, 2020 to reply to the Petition and to submit comments to the Surface Transportation Board. The City Council is working with staff and the City Attorney to evaluate the petition and options for moving forward.
Open petition (PDF)