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No Big Dig (Photo – video grab)
Los Angeles Superior Court judge, James C. Chalfant, issued a tentative decision this afternoon in favor of the Arroyo Seco Foundation and Pasadena Audubon Society in their lawsuit against Los Angeles County Flood Control District regarding the Big Dig project in Hahamongna Watershed Park.
By News Desk
The tentative ruling finds that the Flood Control District’s environmental impact report is inadequate and failed to provide the public with a meaningful opportunity to comment on the revised program and the alternatives available as a result of the Flood Control District downgrading its required flood control capacity standard at Devil’s Gate Dam.
In addition, the tentative decision finds that the Flood Control District’s environmental mitigation measures failed to specify performance standards for the Project’s required establishment of habitat mitigation areas.
Judge Chalfant will hear oral argument regarding the tentative ruling Tuesday, June 18, at 1:30 pm.
If he tentative decision os finalized, the Flood Control District will be ordered to revise and recirculate the Project’s environmental impact report. In addition, the Flood Control District might be ordered to stop project activities and set aside or vacate the Project’s approvals pending revision and re-circulation of the Project’s environmental document.
– Update –
On June 18, 2019, judge James C. Chalfant agreed to postpone the trial regarding Los Angeles County Flood Control District’s Big Dig project in Hahamongna Watershed Park in Pasadena to allow the parties to develop a comprehensive settlement of the disputed issues.
Rather than contesting the judge’s decisive ruling, Senior Deputy County Counsel William Simon asked for a postponement of the trial until July 30 to allow the County to get together with ASF and PAS to develop a comprehensive settlement agreement.
ASF/PAS attorney Mitchell Tsai said:
The tentative decision is detailed and decisive. It finds that the Flood Control District failed to provide the public with a meaningful opportunity to comment on the revised program and the alternatives available as a result of the Flood Control District downgrading its required flood control capacity standard at Devil’s Gate Dam.
In addition, the tentative decision finds that the Flood Control District’s environmental mitigation measures failed to specify performance standards for the required habitat mitigation areas.
“The winner today is Hahamongna and all those who are determined to protect and save it for future generations,” said Tim Brick, Managing Director of the Arroyo Seco Foundation.
Source: Arroyo Seco Foundation
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