Robert Thornton, Professional Bitch

In a move so non-rare it could be called well-done if it weren't less crispy and more slimy, Transportation Corridor Agencies counsel Robert Thornton has resorted to erroneous presumptions and dubious assertions in a pointless attempt to prevent the Department of Commerce from holding a hearing on the Foothill-South toll road extension. Who ever thought a lawyer would be sleazy?

Let us begin not with Thornton's bitchy March 28 letter (Download file) to the National Oceanic and Atmospheric Administration, written on Nossaman Gunther Knox & Elliot letterhead, but with the April 3 response Download file on behalf of a coalition of environmental groups, including Surfrider and the California State Parks Foundation, who took a pantload of umbrage at the TCA's request:

This remarkable request is not based on the absence of controversy in this project, but on the very existence of controversy. TCA claims that providing a forum to the public will “drown out” discussion of the project. In fact, it is TCA —which has spent hundreds of thousands of dollars of public money on public relations and lobbying firms in an effort to promote the project—that is seeking to drown out meaningful discussion by foreclosing an important public forum on the issues raised by its appeal.

In addition to the Coastal Commission's request for a hearing, the environmental coalition requested one as well, citing 15 C.F.R. § 930.128(d):

(d) Except in the case of appeals involving energy projects, the Secretary may hold a public hearing in response to a request or on the Secretary's own initiative.

Well, that seems pretty straightforward. A hearing has been twice-requested. You can check the law yourself but take my word for it, there's nothing about requests to deny hearings. Thus Thornton's whining seems pointless. But what may be more important to note is that his whining includes falsehoods—falsehoods reported to a governmental agency. Stick with me past the jump for more on the lies as well as an alternative to the 241 from none other than Mike Dukakis, who is not only a visiting professor of public policy at UCLA during the winter quarter, but is also actress Olympia Dukakis's cousin. And something of a politician I hear.

More at blogs.ocweekly.com/navelgazing/241-toll-road/

TCA Begs For Help From Lackeys

ORIGINALLY POSTED ON Navel Gazing, THE WORLD FAMOUS OC WEEKLY STAFF BLOG, ON JANUARY 25 2008

TCA Begs For Help From Lackeys
Posted by Alex Brant-Zawadzki in 241 Toll Road
January 25, 2008 10:17 PM
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The Coastal Commission has had to change its February meeting venue to accommodate the expected 2,000-odd attendees. This is bad news for the Transportation Corridor Agencies, who already sent out an email to their contractors begging for support. The issue is the 241 (Foothill-South) toll road extension; the Governor's recent letter to the Commission in support of the project has reinvigorated both the supporters and opponents of the project. Ergo the new venue, Wyland Hall at the Del Mar Fairgrounds, which can hold up to 3,000 people. That’s a whole lot of subcontractors.

From the letter to contractors:

In an effort to fill the room with supporters of the FTC-S [Foothill-South] project; the goal is to bring 250 people to the event from the Design Build team member firms; 50 of whom are willing to speak. Kleinfelder has committed to having at least fifteen people attend the meeting, with five willing to speak on the importance and value of completing the SR-241 extension.


The previous venue, the Oceanside City Hall, can hold 150 people. Kleinfelder Geotechnical Engineers is a “design sub-consultant” for Saddleback Constructors, who hold the design-build contract for the 241 extension.

Coastal Commission Staff Analyst Mark Delaplaine told the North County Times the meeting will now be held at Wyland Hall at the Del Mar Fairgrounds, which can accommodate 3,000. The estimate at this point is for about 2,100 attendees.

"We've never had probably more than 500 in 30 years," Delaplaine said.
"It would certainly smash all existing records."

In addition to the 250 sponsored supporters of the toll road, there will certainly be at least as much opposition. The Surfrider Foundation in particular has taken umbrage at the governor’s short-sighted support of the toll road. In a recent press release, Foundation CEO Jim Moriarty said, “We had hoped that Governor Schwarzenegger was insincere in his threat to close state parks and beaches. It now appears that he is absolutely intent on sacrificing our state park system and natural resources for his political objectives.”

Would there be a point, do you think, in having the Commissioners ask speakers to state whether or not they work for a company that stands to benefit from the construction of the extension?

Su update your calendars: the hearing is still on Wednesday, Feb. 6 starting at 9 am (and probably going all day), but now it will be at Wyland Hall, Del Mar Fairgrounds, 2260 Jimmy Durante Blvd., Del Mar, CA 92014