Environmental & Energy,
Civil Litigation
Jun. 28, 2019
Judge enjoins Caltrans from working on highway project
Caltrans is prohibited from pursuing its long-running contentious highway-modifying development in Humboldt County until it issues a full and honest report of possible environmental impacts the project would have. The project is supposed to run through the ancient redwoods at Richardson Grove State Park.
A federal judge Thursday enjoined Caltrans from doing ground work for a long-running highway project in Humboldt County until an environmental impact statement is prepared.
U.S. District Judge William Alsup of San Francisco actually haulted the project last month while he prepared an order for Caltrans to conduct the EIS. Bess Bair et al v. California State Department of Transportation et al., 17-CV6419 (N.D. Cal., filed Nov. 2, 2017).
Plaintiffs alleged there was inadequate evaluation of the environmental impacts of cutting into or paving over tree roots. Alsup agreed the project might harm ancient redwoods.
"Caltrans has bent over backwards to fudge the facts to avoid an EIS," the judge wrote. He accused the agency of trying to dodge the issue by releasing a different report, "which downplayed the effect of the proposed cuts and fills."
In a statement, Caltrans said it remained "committed to serving the public with a safe and sustainable state highway system that supports the local economy and jobs while preserving the natural beauty of the North Coast."
Caltrans denied it was widening the highway in question. The project is to "make minor adjustments to a few curves" to make the road safer for trucks, the agency said.
Stuart G. Gross of Gross & Klein LLP represents the plaintiffs.
"Judge Alsup's order puts this nonsense to an end. Caltrans will now have to take a full and honest look at this project's impacts on Richardson Grove and its ancient redwoods," Gross said. "Hopefully once that is done, decision-makers will realize that this project makes no sense and abandon it."
-- Gina Kim
Gina Kim
gina_kim@dailyjournal.com
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