STB declines to rule in Del Mar Bluffs case

WASHINGTON — The Surface Transportation Board has declined to rule in a long-running case in which the operator of San Diego-area commuter trains sought an order affirming its right to proceed with bluff stabilization and safety fencing along the Del Mar Bluffs.

In a decision reached May 22 and announced the following day, the board declined to issue an order regarding the bluff stabilization, while holding the proceeding in abeyance regarding the fencing while that matter plays out in court.

The North County Transit District, operator of the Coaster commuter trains, requested the declaratory order in an Aug. 28, 2020, filing. The district said the City of Del Mar and California Coastal Commission were seeking to regulate maintenance and right-of-way work, and that the city wanted “sweeping mitigation requirements” along the bluffs [see “Digest: San Diego transit agency seeks STB ruling …,” Trains News Wire, Sept. 15, 2020].

That set off a lengthy process in which STB action was twice delayed while the NCTD, Coastal Commission, and Del Mar negotiated, before the NCTD ultimately returned to the board [see “San Diego transit district to revive STB petition,” News Wire, Nov. 22, 2021]. At one point, the transit district and Del Mar reached agreement on the fencing, only to have Del Mar’s city council vote against that agreement [see “Del Mar, Calif., turns down deal …,” News Wire, March 2, 2022].

The board ultimately decided that no ruling on the bluff stabilization was required because the transit district and the San Diego Association of Governments, a regional planning agency, had agreed to proceed with the project under conditions set by the Coastal Commission, with SANDAG covering the costs. The NCTD had also sought a ruling to prevent interference with future projects but the board wrote in its decision that its arguments in that regard were “unpersuasive,” because there are no indications the Commission has attempted or will attempt to become involved in routine maintenance.

The NCTD has sought to build the fence because of safety issues regarding trespassers along the right-of-way, some of whom have been hit by trains. The Coastal Commission and city oppose the fence because they say it will restrict beach access, while some homeowners are also concerned about their ocean views.

Because the fencing matter is still in court, the board said it would wait to see how a state court rules on a suit by the Commission and the Friends of Del Mar Bluffs to address state-law issues — “including whether NCTD agreed to comply with California’s environmental laws … as a condition of receiving state funding for the fencing project — that may resolve the dispute or inform any future Board decision.”

The Coast News reports that the judge in the Coastal Commission case had issued a stay pending an STB ruling.

NCTD Executive Director Matthew Tucker told the San Diego Union-Tribune that the decision “does not impact NCTD’s ability to move forward with the stabilization and fencing projects,” and that the transit district “intends to continue to pursue its legal options and remains committed to developing a solution for the railway along the Del Mar Bluffs that promotes rail safety and ensures service reliability.” The President of the Friends of the Del Mar Bluffs told, Laura DeMarco, told the Union-Tribune in an email that the group intends “to pursue our action zealously to protect Del Mar’s fragile bluffs from NCTD’s destructive fencing project.”

The former Santa Fe Surf Line route along the Del Mar Bluffs is used by Coaster commuter trains, Amtrak’s Pacific Surfliner, and BNSF freight traffic.