The figures, circulating widely in Bay Area transit discussions, put a dollar figure on what critics have long argued about CEQA litigation: that a well-funded municipality can impose outsized costs on a regional infrastructure project at relatively low expense to itself. Caltrain's electrification, which replaced diesel locomotives with electric trains between San Francisco and San José, finally launched revenue service in 2024 after years of financing uncertainty tied in part to legal challenges.

Atherton officials argued at the time that the environmental review was inadequate. Courts ultimately did not side with the town on the merits, but the litigation introduced enough uncertainty to slow federal funding approvals and push back the construction timeline.

Now, according to posts in regional transit forums, Atherton has raised objections to the proposed Dumbarton Corridor Bus Rapid Transit project — a separate initiative that would connect the East Bay to the Peninsula. The BRT proposal is still in planning stages and has not yet completed environmental review.

CEQA reform has been debated in Sacramento for years without producing changes that meaningfully limit third-party litigation on transit projects. Several bills have passed narrower exemptions for specific project types, but no broad reform has cleared the Legislature.

The Dumbarton BRT project is expected to advance through environmental review over the next two years. The next milestone to watch is the release of a draft environmental impact report, at which point the public comment period — and the litigation clock — begins.