Army Kills Toll Road

When supporters of the 241 (Foothill-South) toll road and its builder, the Transportation Corridor Agencies, hear opponents claim they'll stop the project, the reply is usually along the lines of, "You and what army?"

The United States Army, assholes. That's right, the Army is finally providing the necessary firepower to blow the TCA's lies clean out of the sky.

Colonel Thomas H. Magness is District Commander of the Los Angeles District of the U.S. Army Corps of Engineers (COE). You may remember their fine work on the levees in New Orleans. Colonel Magness sent a letter (Download file) dated April 7 to Thomas Street, staff attorney for the National Oceanic and Atmospheric Association, "to clarify and augment the project's administrative record before you...." The project in question is the Foothill-South extension.

"My staff consistently endeavors to render fair and balanced decisions within the bounds of our implementing regulations and based on the best available information. For this reason, I am compelled to highlight a few areas of the public record where I have found inaccurate statements as well as inferences that misrepresent the Corps preliminary determinations within the context of our CWA and NEPA statutory responsibilities."

Would you believe it gets better?

Read the rest HERE on the OC Weekly's World Famous Staff Blog, Navel Gazing

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/

Schwarzenegger Sacks Shriver

Schwarzenegger Sacks Shriver
Posted by Alex Brant-Zawadzki in 241 Toll Road
March 20, 2008 7:05 PM
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Governor Schwarzenegger sent a message to every one of his appointees this week by effectively firing the chair and vice-chair of the California State Parks and Recreation Commission. Bobby Shriver, chairman of the Commission, is a Santa Monica City Councilman and the Governor's brother-in-law. Clint Eastwood, vice-chair of the Commission, is Clint friggin' Eastwood. Earlier in the week, both men learned they would not be asked back to their chairs, despite both having submitted requests to be re-appointed.

Schwarzenegger must be feeling lucky. Either that or butt-hurt.

READ THE REST ON blogs.ocweekly.com/navelgazing

Dead End for the Toll Road

Originally Posted on Navelgazing, the World-Famous OC Weekly Staff Blog.


Coastal Commission Denies 241 Permit
Posted by Alex Brant-Zawadzki in 241 Toll Road, Breaking News
February 6, 2008 11:21 PM
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The California Coastal Commission voted at 11:18 pm Wednesday night to deny a coastal permit to the Transportation Corridor Agencies. It will now be much more difficult for the TCA to construct the Foothill-South (241) toll road extension.

The vote was 8-2 in favor of denying certification.
More to follow!

VOTES BY COMMISSIONER:

Blank – NO
Burke – YES
Clark – NO
Kram – YES
Neely – NO
Reilly – NO
Shallenberger – NO
Wan – NO
Kruer – NO
(some voters were inaudible due to cheering)

UPDATE:

Some Coastal Commissioners had very tough questions and very tough language for the TCA. Here are my favorite excerpts:
Commissioner SARA WAN, herself a scientist, was "appalled" at what she called the TCA's "false science". She even suggested the TCA's management plan for the mouse was "not a management plan at all except perhaps as a plan to drive the Pacific pocket mouse into extinction."
Commissioner MIKE REILLY cited the "limited value" of the TCA's $100 Million offer, and declared that "there is no legal way for us to concur with certification of this project."
The real kicker was Commissioner STEVE BLANK, who grilled the hell out of new TCA CEO Tom Margro. Citing TCA's claims that the 241 would serve as an evacuation route in a nuclear disaster, Burke said, "I was led to understand [San Onofre Nuclear Generating Station's] operating license was contingent upon having an approved evacuation plan. Has the government declared their plan inadequate?"
MARGRO: No - but can I elaborate?
BURKE: No, thank you, you've answered the question.
Burke then cited the TCA's threat that it could cost $70 Million to renew the lease for the state park.
BURKE: "Has the Navy ever denied the renewal of a lease of a state park?"
MARGRO: "I can't answer that question."
BURKE: "I believe the answer is no."
Burke went on to cite law discussed in this blog (State Park Scare Tactics) which would potentially allow for the lease to be renewed at less than $70 Million .
BURKE: "Doesn’t this mean there is a clear path for the lease to be renewed at a price other than $70 Million dollars?"
MARGRO: "It's possible."
BURKE: “Since Navy didn’t ask for $70 million dollars … Is it possible that they might ask for a dollar in 2021?”
MARGRO: "If they make findings."
BURKE: "So really at best it's a $30 Million dollar proposal"
MARGRO: "I would say it is a $100 million dollar proposal – for state parks."
BURKE: "Or a $30 Million dollar proposal?"
MARGRO: "Or $30 million – which still benefits state parks."
BURKE: "I have another question - Is there a price tag for a state park?
MARGRO: "Not that I’m aware of."

Legislation Against 241 Toll Road Moves Forward

Video From a bunch of Trestles Surfers, News today from the San Diego Union Tribune, with my comments at the end:

San Onofre toll road foes get key Congressional assist

By Greg Gross
UNION-TRIBUNE BREAKING NEWS TEAM

10:05 a.m. December 7, 2007

SAN DIEGO – A previously stalled effort to put the brakes on the controversial toll road through San Onofre State Beach, which opponents say would damage environmentally sensitive park land and diminish a world-renowned surfing spot, got back on track Friday.

Rep. Susan Davis, D-San Diego, had inserted language into the House defense authorization bill requiring the Foothill/South Toll Road project to adhere to state environmental laws.

The project can't be built unless the state Coastal Commission grants a permit for its construction, and a commission staff report issued in September already has recommended that the permit be denied.

The Davis “rider” has now passed all procedural challenges and will be part of the full defense authorization bill when that measure goes before the full House of Representatives, probably sometime next week, Davis' press secretary, Aaron Hunter, said Friday morning.

It would effectively undo a move in 2000 by three Republican Congressmen – Duncan Hunter, Darrell Issa and Ken Calvert – who used the same mechanism to specifically exempt the toll road project from state and federal environmental laws, Hunter said.

The proposed toll road would extend the state Route 241 toll road from Oso Parkway in Rancho Santa Margarita to Interstate 5 at Basilone Road, south of San Clemente and north of Camp Pendleton.

The 16-mile alignment would pass through the Donna O'Neill habitat preserve and cross the San Mateo campground and San Mateo Creek in the park land on the eastern side of San Onofre State Beach.

The issue has been especially passionate among surfers, who said the toll road would harm Trestles, a venerable and surfing spot.

Greg Gross: (619) 293-1889; greg.gross@uniontrib.com

My comment (lucky number 32 in the list):

By Beezling on 12/07/2007 at 9:05 p.m.

The toll road is illegal according to California state law. No one disputes that. The Transportation Corridor Agencies used their political connections (all roads lead to The Irvine Company) to sidestep California law as the road travels through federal land.

Problem is, that federal land is San Onofre State Park (and before that the road would bisect the Donna O'Neill Land Conservancy). Both are mitigation for previous development - favors offered by developers willing to pave California at any cost, even if it means promising to protect little pieces of land. Until they want to run a toll road through them, that is.

A quick glance at the Response to Comments section of the projects's Environmental Impact Report, available at www.thetollroads.com, makes it clear that, if forced to abide by California State Law (which also says it is illegal to disturb a Native American sacred site on public land - like Panhe), this toll road extension (not completion) will require a complete rethink. Either that or it's just doomed.

Doom on you, Foothill-South. Doom on you.

By Beezling on 12/08/2007 at 9:12 p.m.

These road-builders ignore the law (like California state law) whenever they can, then hide behind it whenever it purports to validate their often fallacious claims.

The OC Weekly has been reporting on the incompetence and ineptitude of the Transportation Corridor Agencies, the agencies' complete financial disarray, and the devastating environmental and socioeconomical consequences of their toll roads for years.
http://www.ocweekly.com/investigations

I have personally read the EIR for this project and I can tell you it's a joke. Once the Democrats took over, the whole thing was doomed, as the whole thing relied on riders put in place by Republicans that would allow the road to IGNORE (BY WHICH I MEAN BREAK) CALIFORNIA STATE LAW. I live in California. I may have broken a law or two in my time but I believe public agencies ought to abide by the law. Call me crazy.

Now that the Republicans no longer have the influence to do whatever they want, not to mention most of the toll road supporters (Ken Calvert, Gary Miller to name a pair) are caught up in their own corruption scandals at the moment, the TCA's congressional connection might go totally limp.

Here's to the flaccidity of the TCA's political connections!

With respect,
Alex Brant-Zawadzki