June 17, 2010, a coalition of conservation groups, the Environmental Protection Information Center, the Center for Biological Diversity, and Californians Alternatives to Toxics, along with local residents filed a federal lawsuit to protect the ancient redwoods in Richardson Grove State Park from Caltrans’ ill-conceived plan to widen Highway 101. The Cotchett, Pitre & McCarthy law firm, including the inspiration of Pete McCloskey, former US Congressman and veteran environmental advocate are providing pro-bono services.
The legal challenge claims that Caltrans has failed to evaluate impacts of the project in violation of the National Environmental Policy Act and the Wild and Scenic Rivers Act.
May 25, 2011, plaintiffs in the lawsuit asked a federal judge to stop Caltrans from moving ahead with the controversial highway project until legal proceedings are complete.
Joe McBride, a professor of forestry and landscape architecture at the University of California at Berkeley found, “Substantial, irreparable damage would occur to the trees in the project area. This would, in turn, cause negative impacts to the overall health of the forest.”
Click the links below to view the Original Documents:
- Preliminary Injunction Motion Press Release
- Plantiff’s Motion Preliminary Injunction Memo
- McBride’s Expert Declaration for Preliminary Injunction
July 7, 2011, Federal Judge Alsup granted a preliminary injunction that stopped the project until legal proceedings are completed.
- EPIC Press Release
- Order Granting Preliminary Injunction
- Preliminary Injunction Granted–Times Standard Article
The court’s decision centers on the controversial project’s potentially fatal damage to the prized ancient trees, as well as harm to sensitive wildlife. The plaintiffs charged that Caltrans failed to evaluate impacts of the project in violation of environmental laws such as the National Environmental Policy Act. Those arguments were recognized as valid in the court’s decision granting the injunction. The federal lawsuit accompanies a California state action also filed by the coalition.
December 6, 2011, attorneys for EPIC and plaintiffs filed a motion for summary judgment in federal court. This filing is an important step in the process that will lead to the summary judgment hearing in the federal court in San Francisco on February 23, 2012.
The motion and supporting memorandum explain the precise legal claims against Caltrans, and illuminates the failure of the agency to follow this nation’s bedrock environmental laws. EPIC and the plaintiffs request that the court declare Caltrans in violation of laws, and direct the agency to re-examine the Highway 101 widening project through Richardson Grove State Park. Caltrans’ project threatens irreplaceable and rare majestic old-growth redwoods at risk of significant and, in fact, mortal impacts, while also potentially causing several other significant environmental impacts within the state protected area. The law requires, and the people of California and the nation as a whole deserve, that Caltrans undertake a complete analysis of the Project’s impacts.
The hearing for the Federal Summary Judgement, is scheduled for Thursday, February 23, 2012 at 2pm at the San Francisco Federal Court, room #8, 19th floor, with the Honorable William Alsup.
Attorneys for the plaintiffs are working hard to prepare briefings and fully develop arguments for this legal strategy.
