Court breathes new life into lawsuit against state over jaw-dropping highway plan: 'The power is with the people'

In a major victory for environmental advocacy groups and South Fresno residents, a California appeals court revived a lawsuit against the state over a highway expansion project that would cut through communities heavily burdened by pollution.

As Yale Law School reported, the California Court of Appeal granted a petition for a writ of mandate filed by Fresno Building Healthy Communities and Friends of Calwa, Inc. This is a huge win for the nonprofits, as 90-95% of writ petitions are denied, per Advocate Magazine.

Taylor Wurts, a student in Yale's Environmental Justice Law and Advocacy Clinic, which represented the two groups, explained that the court order is "long overdue" and will finally allow South Fresno residents to challenge the California Department of Transportation's unsound environmental review.

The petition stated that the planned highway expansion "would accelerate air pollution, industrial buildout, and heavy-duty truck traffic in already overburdened neighborhoods." Now, community groups will have an opportunity to voice their complaints and concerns about the project in a merits hearing.

The legal battle has been ongoing since March 2023, when the environmental nonprofits sued the state and federal transportation agencies for greenlighting plans to expand State Route 99, a major highway that runs through the Central Valley. The lawsuit claimed that Caltrans failed to perform an adequate environmental analysis and account for communities that would be impacted.

According to the petition, Caltrans "ignored tens of thousands of longstanding residents" who live near the highway and already suffer from breathing in traffic pollution released by heavy-duty trucks. In addition, Caltrans allegedly failed to disclose that the highway project would accommodate truck traffic associated with a planned 2,940-acre industrial park adjacent to the interstate.

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The court victory brings South Fresno residents closer to a cleaner, safer future. In 2024, transportation authorities canceled plans to build a flyover offramp in downtown Los Angeles and expand a highway in Denver, signaling that more cities are taking Americans' desire for sustainable travel options seriously.

"We, the residents of South Fresno, deserve clean air, not another dangerous project," Laura Moreno, executive director of Friends of Calwa, told Yale. "This recent court ruling now gives us the chance to prove that what Caltrans did was illegal, wrong and immoral. The facts are on our side. We will not allow Caltrans to continue to perpetuate their racist practices that will only bring more industrial development. The power is with the people."

Maria Michalos, another clinic student, added: "South Fresno residents have suffered enough of the environmental and health dangers that come from breathing harmful traffic and industrial pollution. While the work continues, this win from the appeals court is a major leap forward in our client's decades-long fight for justice for their communities."

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