THE EL
SERENO ENVIRONMENTAL JUSTICE LAWSUIT
Summary
A federal
Environmental Justice lawsuit filed by a group of residents of El Sereno
has been largely resolved and the case has been placed in the Federal
Court’s inactive docket for case monitoring purposes. The case is
essentially resolved because the Federal Highway Administration (FHWA)
and Caltrans agreed to substantively all mitigation measures requested
on behalf of El Sereno residents by the plaintiffs in the lawsuit. These
measures were incorporated in the federal Record of Decision committing
the Federal Government. The plaintiffs in the El Sereno lawsuit continue
to participate in the Design Advisory Group mandated by FHWA to further
reduce the freeway construction and operation impacts in their community.
The
Details
Status
of the Lawsuit
Today, the
Environmental Justice Lawsuit is largely resolved and inactive. The parties
anticipate that the Design Advisory Groups will address further mitigation
opportunities as the freeway project goes through detailed design in the
coming years.
On September
13, 1995, the El Sereno Neighborhood Action Committee, the El Sereno Organizing
Committee, and a number of individual plainitiffs filed a lawsuit in Federal
Court against the California Transportation Commission, Caltrans, and
the heads of those agencies. The complaint alleged that the defendants
had violated Title VI of the Civil Rights Act in approving greater mitigation
of the impacts of the freeway in the predominately white communities of
South Pasadena and Pasadena while approving less mitigation in the predominately
minority community of El Sereno.
At the same
time that the lawsuit was under consideration by the Federal Court, the
entire project was under consideration for a signing of a federal Record
of Decision approving the project. In meetings with the plaintiffs, FHWA
and Caltrans adopted virtually all of the mitigation requested by the
plaintiffs. As a result of this agreement, on May 19, 1999, the Federal
Court entered a minute order that provided that: "this action is
removed from active caseload pending settlement proceedings. A Joint Status
Report shall be filed no later than September 27, 1999, terminating the
case by Judge Consuelo B. Marshall."
On September 27, 1999, a Joint Status Report was filed in which the parties indicated an intent that the plaintiffs would participate in the freeway project Design Advisory Groups to identify and address detailed mitigation of the project.
Nature of the Mitigation
On October 25, 1997, legal counsel for the El Sereno Plaintiffs sent a letter to FHWA detailing the plaintiff's demands for mitigation if the freeway were built. Below is a chart of the mitigation demanded on behalf of the residents of El Sereno and a list of those that were agreed to by Caltrans and FHWA prior to issuing the April 13, 1998, Record of Decision approving the 710 Freeway route:
| El Sereno Demands for Mitigation and Results | ||
| Description of Mitigation Demand by Plaintiffs in Environmental Justice Lawsuit | Condition as Settled | Included in ROD? |
|
Below-grade construction of the freeway throughout El Sereno |
Below grade in all residential areas; but freeway goes over railroads in commercial areas |
YES, Page 3 |
|
Use of cut-and-cover tunnels, particularly in area of Sierra Vista Elementary School |
Two cut-and-cover tunnels: One between Templeton/Popular and one near Sierra Vista School and Short Line Villa Historic District |
YES, Page 5 |
|
Safe pedestrian access routes to Sierra Vista Elementary School |
Design Advisory Groups from community to help design project components to assure safe pedestrian access |
YES, Page 4 |
|
Measures to ensure that the school environment is not negatively impacted by the noise and pollution caused by the construction and existence of the freeway |
Elevated freeway moved away from school and depressed in the ground. Soundproofing and integrating the air filter system of the affected school buildings, providing the funding for temporary security and part-time custodial service at each affected school, and implementing an educational safety program at each school |
YES, Page 3 |
|
Measures to prevent Sierra Vista Elementary School from being cut off from its service area by interchange, transit station, and park-and-drive lots near the school |
Design Advisory Group to help design project components to avoid isolation from school’s service area |
YES, Page 4 |
|
Measures to ensure the integrity and preservation of the Short Line Villa Tract |
Cut-and-cover tunnel and urban design features one block each side of the freeway |
YES, Pages 3 & 5 |
|
Affordable replacement housing; Adequate, comparable housing of all displaced residents of El Sereno or nearby |
Phase 2 Relocation Plan addressing the number and type of project displacements, available replacement units in the immediate area, provision of special relocation assistance services, relocation sequencing and last resort housing, if needed. Relocation assistance will be provided to dislocated owners, renters, and re-renters of State-owned property in the corridor. |
YES, Page 6 |
|
Fair compensation to displaced homeowners |
Already required by the Uniform Relocation Assistance Act |
NO NEED |
|
Proper maintenance of Caltrans-owned house stock |
Property currently owned by Caltrans potentially needed for construction will be properly maintained until such time as it is needed for construction or unless the condition of the property requires removal of the structure |
YES, Page 6 |
|
Measures to ensure community cohesion and to eliminate "urban island" effect on the east side of El Sereno |
Design Advisory Group to help design project components to avoid isolation of east side of El Sereno |
YES, Page 4 |
|
Job-training programs |
Providing substantive training and job opportunities to qualified residents of the affected communities during all phases of the project |
YES, Page 3 |
|
Landscaping and associated aesthetic improvements around freeway |
Incorporating extensive urban design and landscaping measures about one block each side of the freeway |
YES, Page 3 |
A
comparison of the original demands by the plaintiffs in the El Sereno
lawsuit and the actual mitigation committed to by the Federal Government
in the Record of Decision is substantially the same.