Agency’s Bid to Join Freeway Suit Rejected

A federal judge on Thursday refused to let the Southern California Assn. of Governments join the legal battle over the proposed extension of the Long Beach Freeway.

The association had sought to join the federal and state governments in battling the suit brought by South Pasadena, which seeks to block the extension.

But U.S. District Judge Dean D. Pregerson ruled that the association, which represents local governments in six counties, cannot become a party in the lawsuit in part because its request wasn’t timely.

“The complaint in this case was filed Aug. 26, 1998; SCAG’s motion to intervene was filed Nov. 13, 2000, almost 27 months later,” the judge noted.

Attorneys for the agency argued that it is responsible for a regional plan to comply with federal air quality standards to make the region eligible for $4.5 billion in federal transportation funds in future years.

The attorneys said the Long Beach Freeway extension was an integral part of that plan because it would reduce road congestion. Without the extension between the San Bernardino and Foothill freeways, the counties of Los Angeles, Orange, Riverside, San Bernardino, Imperial and Ventura could lose that federal money, they said.

Pregerson wrote that although this was a possibility, it was speculative. He noted that the U.S. Environmental Protection Agency and Federal Highway Administration differed on the issue.

“There are . . . claims that if the 710 extension is not built, transportation conformity could not be met, thus resulting in the loss of federal transportation dollars. These claims are not true,” Pregerson wrote, quoting from a letter written by the EPA’s regional administrator.

He noted, however, that federal highway officials said it is inappropriate to speculate what canceling the freeway extension would do to compliance with clean air rules.

South Pasadena officials called the ruling a victory.

“They waited too long, and their argument wasn’t based on reality,” said Martha van Rooijen, the city’s transportation director.

Association officials could not be reached Thursday for comment.

Pregerson has issued a preliminary injunction preventing any work on the $1.4-billion extension pending a final ruling on the suit. Opening arguments in the case are to begin in March with a final ruling expected later next year.