Court Stops Highway 50 Expansion

Judge Frawley today released his order in the NAST/ECOS lawsuit challenging the adequacy of Caltrans' environmental review of the proposed Highway 50 expansion. The short story is that we won. Here's a quote from the soon-to-be-distributed press release:

Judge Timothy M. Frawley of the Superior Court of California, County of Sacramento, issued a ruling halting the progress of CalTrans’ plan to widen Highway 50 between Sunrise and Watt Avenues. Neighbors Advocating Sustainable Transportation (NAST) and the Environmental Council of Sacramento (ECOS) filed the suit because CalTrans’ analysis of the project’s air pollution and climate change impacts was inadequate, and the project did not consider options that did not involve widening the freeway. The ruling was issued on July 15th. The lawsuit was originally filed in June of 2007.

Among other findings, Judge Frawley found that CalTrans failed to:

Complete an analysis of vehicle miles traveled (VMT) and disclose the air quality impacts associated with the traffic increase.

Consider a reasonable range of potential alternatives, including the feasibility of a transit only alternative as way of meeting the project objectives.

Adequately address the greenhouse gas emissions associated with the project.

The entire text of the judge's order is available here. I'll post the press release as soon as it is ready.


Thanks to everyone who provided logistical, financial, and moral support over the past year. This victory is a triumph for the transparent and thorough public process that CEQA demands. We look forward to a more thorough and honest debate about the value of more freeway lanes in the Sacramento region. Given what's happened to gas prices in the past year, that debate should be very interesting!


Update: Here is the press release.

NAST Starts Hwy 50 Lawsuit Fund

Neighbors Advocating Sustainable Transportation (NAST) has begun collecting funds for a CEQA lawsuit to challenge the environmental impact report done by Caltrans for its Highway 50 expansion project. While the group continues to discuss how to best use its resources to forcefully advocate for sustainable, neighborhood-friendly transportation, they have decided that they need to raise money now because of the short statute of limitations on CEQA cases.

I've posted the email message seeking support for the legal fund here, on the NAST website.

Caltrans Approves Highway 50 expansion

On June 25, Caltrans filed its Notice of Determination indicating that it had completed environmental review of the proposed Highway 50 expansion and approved the project. This is the so-called "bus/carpool lane" project that would increase the freeway's carrying capacity by 20 to 25 per cent. By approving the project, Caltrans started the 30-day clock for legal challenges to the project's environmental impact report (EIR).

Two days later, Caltrans got around to notifying the public who had commented on the project that the Final EIR had been released. By delaying public notification, they foreshortened the effective window of opportunity for citizens to file suit. Gotta love our intrepid public servants' deep commitment to transparent public process...