Judge’s Ruling on EIR Will Stall Tollway Near UC Irvine

Handing environmentalists a victory, a Superior Court judge ruled Wednesday that the University of California violated state law by failing to prepare an environmental impact report before selling part of a UC Irvine ecological preserve for use by the San Joaquin Hills tollway.

The ruling by Judge James L. Smith means that an injunction barring tollway construction near the campus will remain in effect, but construction will continue elsewhere. Preparation of an environmental study could take six months to a year.

The $1.1-billion toll road would extend California 73 17.5 miles from the Corona del Mar Freeway near John Wayne Airport to Interstate 5 near San Juan Capistrano.

Siding with faculty, students and environmental groups who were outraged by the land sale, Smith wrote: “It is remarkable that with the tens of thousands of pages of records . . . we cannot find even one page that clearly states that a portion of the Open Space Reserve . . . was going to be taken for a toll road.”

Predicting that it is highly likely the road will “be built substantially” as planned and that delays will add to the cost, Smith said that nevertheless he “is compelled to conclude that (state law) regarding the sale and use of the property . . . have not been complied with.”

Plaintiffs in the case were jubilant while tollway and university officials said they may appeal.

Tollway agency spokesman Mike Stockstill said, “We are disappointed about the ruling. We feel the San Joaquin Hills EIR does discuss the impact the corridor will have on the open space area.”

UCI Prof. Emeritus Richard MacMillen, a plaintiff and the “father” of the campus preserve, said he felt vindicated.

Susan Durbin, an attorney for the plaintiffs, said, “The public was misled by the regents, and now they have to follow the law.”

Steven Drown, attorney for the Board of Regents, said, “Obviously, we’re disappointed.”

The case focused primarily on 1.7 acres of the $10.5-million, 25-acre sale. The land is along Newport Coast Drive, south of existing campus structures.

In his ruling, the judge accused the UC Board of Regents of attempting to move ecological preserves around without any restriction.

However, Smith also praised tollway officials for plans to offset damage by the tollway with creation of additional sage scrub habitat and noted that such plans will actually increase the habitat. And he said he wished that a delay in the project could be avoided.

But the judge described the tollway agency’s own environmental impact report as “vague, uncertain, and in some cases misleading” with respect to the UCI preserve.

The judge scheduled a Dec. 29 hearing to determine what kinds of orders and conditions he will attach to his ruling.