The Honorable James C. Chalfant of Los Angeles Superior Court this afternoon has issued a tentative decision 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. The tentative ruling finds that the Flood Control District's environmental impact report is inadequate.
The tentative decision finds that 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 Project's required establishment of habitat mitigation areas.
Judge Chalfant will hear oral argument regarding the tentative ruling in Department 85 tomorrow afternoon at 1:30 pm. If he finalizes the tentative decision, he will issue a writ ordering the Flood Control District to revise and recirculate the Project's environmental impact report, as well as consider ordering the Flood Control District to stop project activities and set aside or vacate the Project's approvals pending revision and recirculation of the Project's environmental document.
Judge Chalfant's Tentative Ruling Can Be Found Here: Tentative Ruling