Reopening High-Speed Rail Suit?

The Peninsula pair that sued the high-speed rail authority and got beaten back in August is pulling itself up by the bootstraps and suing again. This time, on an apparently longshot legal angle that would allow them to reopen the case based on "previously unknown evidence" coming to light. That evidence: unfavorable ridership figures that the rail authority may or may not have known about, and may or may not have hidden. But the point sounds moot: ridership likely wouldn't affect a particular train route's environmental impact, which is the "only basis on which the judge could reopen the case." [IBA, previously]