On Nov. 15, 2024, a significant event took place as Friends of Calwa Inc. and Fresno Building Healthy Communities submitted a petition for a writ of mandate to the California Court of Appeals. These community organizations, dedicated to the health and well-being of South Fresno residents, were seeking the appellate court's immediate intervention in a complex legal saga related to highway construction and its impacts on communities of color.

Uniting for Environmental Justice in South Fresno

Community Organizations Come Together

In March 2023, Fresno Building Healthy Communities and Friends of Calwa sued Caltrans and the FHWA in federal district court. The lawsuit challenged the agencies' environmental review and compliance with various laws. The California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) require thorough analysis of project impacts, but Caltrans' initial analysis ignored the affected neighboring communities. Tens of thousands of longstanding residents' health and safety are tied to air pollution from heavy-duty trucks. The petition also cited correspondence showing the highway project's design to accommodate truck traffic for an industrial park. The lawsuit alleges Caltrans broke the law by not disclosing the project's link.Student attorneys from the Environmental Justice Law and Advocacy Clinic at Yale Law School wrote the petition. Cat Xu '25, a clinic student, emphasized the illegality of the omissions. Caltrans then challenged the federal court's jurisdiction, and after refiling in state court, it filed a motion for summary adjudication. A team of Yale Law School students took over, briefed an opposition, and traveled to South Fresno to argue in court. The trial court sided with Caltrans, dismissing the CEQA claims.

Health and Environmental Impacts

South Fresno residents have been vocal opponents, showing up at public meetings and writing letters. Caltrans' failure to consider their health is contrary to California's commitment to public health and environmental justice. The petition asks the California Court of Appeals to issue a peremptory writ of mandate to vacate the trial court's order and allow the CEQA claims to be heard on their merits.The ongoing advocacy work led the FHWA to reconsider its approval. FHWA and the U.S. Department of Transportation requested the court to remand claims so they could reconsider the project's consistency with federal air quality laws. Residents demanded a halt to the project, and the organizations submitted a public comment letter with expert analysis.

A History of Inequity

The Fresno project highlights the nationwide fight against racially motivated and inequitable highway construction. Historically, highways were built through Black and brown communities, creating segregation and pollution. South Fresno is an example, with transportation infrastructure leaving the city divided. State and local governments continue to concentrate polluting industries in South Fresno.The U.S. Department of Transportation launched a Reconnecting Communities Program. Morgan Feldenkris '25 emphasized the need to address the past and present issues.The Environmental Justice Law and Advocacy Clinic at Yale Law School provides students with an opportunity to support community-based organizations. Fresno Building Healthy Communities and Friends of Calwa are jointly represented by various legal entities, working to ensure good transportation investments for their communities.These organizations' efforts continue as they await the court's decision, determined to create a more resilient transportation system that equitably distributes benefits and burdens.