The California High Speed Rail Authority does not have to stop planning while it correct deficiency in an environmental impact report, a Greater Court judge in Sacramento determined Thursday.

Judge Michael Kenny's tentative ruling found that the current work would not harm the environment or prevent the ability from adhering to his August ruling in a lawsuit filed by Atherton, Menlo Park and four ecological groups opposed to running trains from the Central Valley over the Pacheco Pass and up the Peninsula to San Francisco.


The August choice found that portions of the environmental analysis for the proposed route were inadequate. Unless Kenny is swayed by arguments during a hearing this afternoon, it will become final.

Stuart Flashman, an Oakland attorney representing the cities and environmental groups, said he will argue that the authority and the judge misinterpreted the law. Jeff Barker, a deputy director of the authority, said the tentative decision benefits the authority, which is difficult to get the high-speed rail system on track."The fact that we would not have to stop work is very important," he said.