Countywide : Fire Cited in Plea to Allow Tollway Work

County tollway officials asked a federal judge Wednesday to lift a ban on construction of the San Joaquin Hills toll road near Laguna Beach, arguing that there’s no longer any need to protect the natural habitat there because it was burned in the recent fire.

Tollway officials also argued that the lifting or modification of the court injunction issued by U.S. District Judge Linda A. McLaughlin in September would help protect Laguna Beach-area residents from flooding. That’s because toll road work crews would be free to build water runoff basins included in the road’s construction plans.

Tollway attorney Robert Thornton acknowledged, however, that lifting the injunction would also allow work crews to perform soil borings needed to complete road designs and do some grading.

Environmentalists were upset by what they said is a cynical legal maneuver.

“At least they waited until the embers died,” said Norm Grossman, a Laguna Beach Planning Commission member. “The retention basins are so small it’s laughable. . . . That can’t be their real agenda.”

Joel Reynolds, attorney for the Natural Resources Defense Council, said the court action is an “outrageous” attempt to “use the fire for the selfish interests” of tollway officials.

“We intend to do everything we can to protect the court’s injunction,” said Reynolds.

The San Joaquin Hills Transportation Corridor, a 17.5-mile toll road, would link the Corona del Mar Freeway near John Wayne Airport with Interstate 5 near San Juan Capistrano.

A hearing on the tollway’s request to have the injunction lifted may be held Dec. 6 or 13, tollway officials said.