Eureka, Calif.—Humboldt County Superior Court Judge Kelly Neel ruled in favor of environmental plaintiffs represented by Gross & Klein LLP in the latest salvo in the nearly decade-long effort to prevent the widening of Highway 101 through old-growth redwoods at Richardson Grove State Park. As a result of this court decision, Caltrans is not allowed to physically alter the proposed project area and that the agency would need to get court approval before moving forward. Plaintiffs include the Environmental Protection Information Center, Center for Biological Diversity, Californians for Alternatives to Toxics, Friends of Del Norte and four private citizens, Bess Bair, Trisha Lee Lotus, Jeffrey Hedin, and David Spreen. Plaintiffs Bair and Lotus both have generational family ties to the creation of the Park.

In her decision, Judge Neel found that Caltrans avoided public scrutiny by failing to solicit public comment on a significant piece of new information—a report from an arborist hired by Caltrans. In doing so, Judge Neel highlighted that the public and other agencies were deprived of their right to provide comment and feedback, something “essential” to the law.

Peter Galvin, Co-Founder of the Center for Biological Diversity stated, “We urge Caltrans to finally abandon their deeply misguided and destructive plan to widen Highway 101 through Richardson Grove State Park. Our ancient redwood trees are too important to pave over.”

“Caltrans has continued to view public opinion and opposition to the Richardson Grove Project as something that they can bulldoze through,” said Tom Wheeler, Executive Director at the Environmental Protection Information Center. “Four times, courts have returned the project to the agency, finding that their slapdash work violates the law.”

“It’s time for Caltrans to abandon this project,” said Stuart G. Gross of Gross & Klein, “but if they won’t, we’ll take them to court and beat them again.”

In 2010, Caltrans issued its Final Environmental Impact Report for the Richardson Grove Operational Improvement Project. In 2014, the First District Court of Appeals found that Caltrans had violated CEQA by failing to take a hard look at the project’s impacts to old-growth redwoods. After this decision, Caltrans attempted to cure its deficiency by hiring an arborist to examine project impacts. The arborist’s report, which presented new scientific data, including an untested rating system to predict impacts to tree health from project activities, was shielded from public comment through its release as part of an “Addendum” to the original CEQA documents. This added significant new information to the EIR without providing public notice and consultation with agencies.

The Court stated that “the rating system devised by the arborist may or may not rest on sound scientific footing. Without review and critique by others with expertise in the relevant fields, this footing remains untested. Peer review is essential to sound science.”

The lawsuit is titled, Bair et al., v. Caltrans, et al, Case No. CIV170543 (Humboldt Sup. Crt.).

A copy of the order can be found here: