'Positive news' for Marysville: Judge issues ruling in city's case against Caltrans over Binney Junction project

May 17—The California Department of Transportation (Caltrans) was ordered to correct "deficiencies" in its environmental reports for its Highway 70 Binney Junction project after Yuba County Superior Court Judge Stephen Berrier sided with the city of Marysville in a petition against the agency, an attorney representing the city confirmed with the Appeal on Friday.

In 2021, the city filed a lawsuit against Caltrans over concerns that the state agency did not comply with the requirements of the California Environmental Quality Act (CEQA) when it approved its Highway 70 Binney Junction Roadway Rehabilitation and Complete Streets Project, based on the Final Environmental Impact Report (EIR) and Final Environmental Assessment, the Appeal previously reported. The city filed a lawsuit in Yuba County Superior Court challenging the decision by Caltrans to approve the project, according to court documents.

The project by Caltrans intends, over the next several years, to widen the highway to five lanes, replace and lengthen two existing railroad structures, lower the existing Highway 70 under two overpasses, remove existing access to and from 17th Street, relocate an existing levee, signalize two existing intersections and rehabilitate existing pavement.

Caltrans, it has argued, said doing so will improve the safety of those driving in and out of Marysville and bring the roadway up to modern standards, the Appeal previously reported.

The city has argued that the project was hastily approved and that all necessary and required steps needed to meet environmental standards were not done properly.

Berrier, in his judgment on the case, appeared to mostly agree with the city.

"Petitioner contends and Respondent admits that it violated CEQA mandatory guidelines by 1) failing to give a 10-day period after its responses to comments before certifying the final ElR, and 2) approving the project two days before it certified the EIR and before providing its responses to comments. These 'procedural' errors are a violation of CEQA and constitute prejudicial error. Accordingly, the petition is granted/the writ shall issue," Berrier said according to court documents. "... Errors were made as to estimated build time (8-10 years vs. 3 years) and detours/no detours. There was no detailed traffic management plan during construction provided and details regarding drainage system changes were insufficiently specific. No case says that a specified traffic management plan is not required for this size of project. Nor are features of the project itself (i.e. standard sidewalks, additional traffic lights) adequate to make findings of less than significant impacts not requiring mitigation when addressing vehicle and pedestrian safety impacts."

According to court documents, Berrier said in conclusion that the "petition is granted and the writ shall issue setting aside Cal Trans' [SIC] approvals of the project and certification of the EIR."

Attorney Ellen Garber, who represented the city during a hearing on May 6, clarified with the Appeal just what that ruling means for Caltrans and their Binney Junction project.

"The court said it is ordering them, telling them they must undo their approvals of the project and the certification of the EIR," Garber said. "If they want to proceed, they need to correct the deficiencies. I think it's going to take a substantial amount of work. They would have to recertify the EIR again or else they would be violating CEQA."

As a result of the judgment, Marysville City Manager Jim Schaad said that should Caltrans continue with the project without making changes ordered by the court, then there could be further litigation.

"He did not rule for them to put a hold on the project. We would have to file for that injunction," Schaad told the Appeal on Friday. "We will need to decide if we want to file an injunction on the grounds that they don't have a sufficient EIR. ... They could continue at their own risk. The risk of building something that doesn't meet all the environmental requirements and mitigation. They're going to have to do some additional analysis and repost the EIR for the public or questions and such.

"Once they do that, if their project doesn't address all the environmental impacts, then they may have to modify their project, which could be costly or maybe not possible, depending on what the impacts were determined to be. Though the judge didn't say you have to stop, we may have to file an injunction. If we don't file an injunction, they may be proceeding at their own risk. They may have to spend more money to address issues."

The city of Marysville has been dealing with traffic problems for years related to two state highways that divide it. Recently, city officials have been pushing Caltrans to help mitigate the consequences the presence of those highways have on city streets — effects such as increased wear and tear on side streets and traffic that contributes to poor air quality for residents.

Schaad said Berrier's ruling is a step in the right direction for the city and its efforts to combat traffic issues that are largely out of the city's control.

"It is positive news for the city of Marysville and the constituents of Marysville in that we feel we have the opportunity to address the negative impacts of the project," Schaad said. "We will be consulting with our legal counsel to see what our next actions would be, which may include requesting an injunction."

When reached for comment, Caltrans officials said the agency "does not comment on ongoing litigation."