After 13 years, tens of thousands of pages of analysis and intensive review by the courts, on April 11, 2018, the California Supreme Court denied a petition to review the Court of Appeal’s January 2018 decision, which upheld most of the environmental impact report (EIR) for the Southern California International Gateway (SCIG) near-dock intermodal rail project. The EIR’s analysis of ambient air concentrations was the one issue on which the Court of Appeal had determined additional analysis was required.
It is unfortunate that rather than focusing on how the EIR could be improved consistent with the Court of Appeal’s decision, the litigants had chosen to appeal to the California Supreme Court, further delaying a $500 million investment in Southern California that would bring good jobs, take millions of truck miles off local freeways and improve air quality.
“We are pleased that the California Supreme Court has upheld the Court of Appeal’s ruling. We will coordinate with the Port of Los Angeles regarding next steps,” said Roger Nober, Executive Vice President Law and Corporate Affairs and Chief Legal Officer.