The city of Vernon alleges in a new legal action against the Los Angeles County Metropolitan Transportation Authority that the agency’s decision to include the Malabar Yard as mitigation for the Link Union Station Project’s impacts on freight rail violated the California Environmental Quality Act.
The city filed its petition in Los Angeles Superior Court, alleging that Metro’s supplemental environmental impact report improperly requires new rail crossings and road closures in an effort to significantly expand the Malabar Yard, a BNSF storage yard. The city wants a judge to overturn Metro’s SEIR approval until another environmental review is completed that removes the Malabar Yard expansion.
The industrial city says in the petition filed Friday that it supports the Link US Project and its regional benefits and that its opposition is solely limited to the project’s inclusion of the Malabar Yard expansion. The city further states that the Malabar Yard is not part of the Link US Project, is located miles away from Union Station and is not necessary to allow the regional transportation project to proceed.
Metro issued a statement Tuesday regarding the petition, saying the project provides significant public benefit by creating faster, more reliable and environmentally sustainable rail service for riders and communities across the region.
“While Metro does not comment on pending litigation, Metro remains committed to continued collaboration with Burlington Northern Santa Fe, the City of Vernon, local businesses, property owners, the Vernon Police Department, schools and other key community stakeholders as our goal is to work toward a balanced agreement that supports regional mobility,” the statement read.
The proposed Malabar Yard mitigation includes a full closure of 49th Street and 1,000 feet of new track and associated crossing infrastructure at 46th Street, both of which will cause significant traffic, air quality, noise and safety impacts that require the consent of the city of Vernon, the petition states.
“The city of Vernon has been very clear about its opposition to the closure of our city streets for an unnecessary expansion of BNSF’s Malabar Yard,” said City Administrator Brian Saeki. “For decades, the city has consistently rejected BNSF’s requests for the proposed road modifications. Now, Metro improperly granted a major operational benefit to a private railroad under the guise of CEQA.”
BNSF is named as a real party in interest in the city’s petition. A real party in interest is the party who stands to be benefited or injured by the judgment in the suit.