The Regional Water Control Board refused to allow the construction of the first segment of the Foothill toll road.

The Foothill tollroad would run through some of Southern California’s most intact habitat lands in Orange and San Diego Counties and literally bisect San Onofre State Beach. San Onofre is one of the most heavily visited parks in the entire State. The California gnatcatcher and arroyo toad among the endangered species that would lose vital habitat.

The California Coastal Commission turned down the toll road in 2008. The Commission’s executive director said, “I know of no other coastal development project so demonstrably inconsistent with the law.” The U.S. Department Commerce backed the decision citing the availability of alternatives. Even so, the Orange County Transportation Corridor Agency, the road’s sponsor, came up with the strategy of first constructing a northern segment outside of the purview of the Coastal Commission – called the Tesoro Extension – and thus creating pressure for future completion.

When asked for a water quality permit for Tesoro, the San Diego Regional Water Quality Control Board saw through this ruse, and refused to issue a permit for Tesoro until such time as the entirety of the project – which goes all the way south to Interstate 5 – and its impacts were before them. Upon appeal, the State Water Board affirmed the legal basis for that denial. On March 16, 2015, in a unanimous vote, the Regional Board made the necessary “findings” and finalized its decision. As part of the Save San Onofre Coalition, EHL testified at the hearing and helped organize comments.

While this decision may be appealed, construction of the complete toll road is increasingly improbable. It is time for realists to work together on alternatives.