State Sues to Block Toll Road in Park

Atty. Gen. Bill Lockyer filed a lawsuit Thursday to block a proposed six-lane tollway through San Onofre State Beach, a popular coastal park he described as “a state treasure.”

The suit alleges that the Foothill/Eastern Transportation Corridor Agency in Orange County failed to adequately explore more sensible alternatives or assess what environmental harm the 16-mile toll road might cause, in violation of the California Environmental Quality Act.

Lockyer said the plan to push the toll road through the parkland was arrogant and “disgraceful.”

“It seems to me that building a six-lane highway through the San Onofre State Beach misses an opportunity to meet transportation needs of this growing region without sacrificing public parklands that should be protected for future generations,” Lockyer said.

Orange County officials had chosen to ignore the significance of the protected coastal land and the effect the road would have on the beach, campground and people in “what really is the last coastal valley that is undeveloped south of Laguna Beach,” the attorney general said.

If built, the thoroughfare will be by far the largest project of its kind that cuts through a state park. Park officials fear it could open the door to other encroachments statewide.

Lockyer’s suit was one of three filed Thursday in Superior Court in San Diego seeking to stop the project. The other plaintiffs are a coalition of environmental groups and the Native American Heritage Commission, which says the road would be built next to a “sacred religious and ceremonial site for the Juaneno/Acjachemen people.”

Ken Ryan, chairman of the toll road agency, called the legal challenges a “delay tactic.” He defended last month’s decision to approve construction, saying the road was needed to relieve congestion on Interstate 5, whose traffic is projected to increase 60% by 2025.

“It’s the only option that significantly reduces traffic without removing homes or business,” Ryan said. “The only other option is to widen the I-5 freeway, take out 800 homes, 300 businesses and eliminate 5,000 jobs at a cost of $2 billion -- funding the state doesn’t have.”

Ryan said he was confident the environmental documentation “more than adequately addresses the impacts.”

The tollway would complete Orange County’s 65-mile network of toll roads. The highway would begin at Oso Parkway in Rancho Santa Margarita and connect with Interstate 5 at Basilone Road south of San Clemente. The project would cost an estimated $875 million.

The lawsuit, an agency spokeswoman said, will not delay planning efforts.

The proposed highway would require approval from several federal agencies, the Navy and the California Coastal Commission, a process that could take at least two years. Construction is slated for 2007-08.

The lawsuits highlight the years-long toll road extension debate that has pitted two major interests of the state -- easing traffic and protecting the environment.

Joel Reynolds, senior attorney for the Natural Resources Defense Council -- which is part of the environmentalist coalition -- described the project as the “poster child for bad transportation policy.”

“This project makes no sense, economically, environmentally, spiritually, morally, legally, and it ought to be abandoned,” Reynolds said. “So make no mistake, this is a project we intend to stop. We’re drawing a line in the sand around San Onofre, because if we can’t save this state park, if we can’t prevent the TCA from paving over this coastal gem, then it’s only a matter of time before a project just like it comes to a state park near you.”

The environmental coalition includes the California State Parks Foundation, the Sierra Club, the Surfrider Foundation, Natural Resources Defense Council, and Sea and Sage Audubon Society.

Larry Myers, executive secretary of the Native American Heritage Commission, said the toll road would pass “within feet” of a cemetery still used by Native Americans. It filed the lawsuit “to protect this sacred place from severe and irreparable damage,” he said.

San Onofre State Beach is visited by 2.7 million people a year and is the fifth most popular state park.

Lockyer said about 320 acres of parkland would be gobbled up by the highway and that the toll road would run alongside a popular campground.

“I hope these concerted actions will wash away the destructive arrogance of this toll road proposal,” Lockyer said. “It’s disgraceful, and we’re going to fight it.”