A Fresno judge dealt an environmental group a blow in its attempt to block a Highway 99 project.
Fresno County Superior Court Judge Geoffrey Wilson ruled that Friends of Calwa and Fresno Building Healthy Communities filed their lawsuit too late to invoke the state’s environmental review law.
Wilson issued his decision Monday, April 6, after hearing arguments Jan. 9, ruling in favor of the defendant, Caltrans. He said that the plaintiffs missed a deadline to claim the project violated the California Environmental Quality Act — the landmark state law that, among other things, requires rigorous reviews of construction projects.
Caltrans plans to expand the Highway 99 interchanges at American Avenue and North Avenue in south Fresno from half-interchanges to full interchanges. The $146 million project is scheduled to begin in September 2027 and be completed by March 2031. The project would permanently close the Cedar Avenue/Highway 99 interchange.
The plaintiffs, Wilson said, waited until the last day to file a CEQA lawsuit — March 8, 2023 — but filed it in federal court. The groups also filed a state court action in October 2023, seven months too late, according to state law.
Attorneys for Friends of Calwa and Fresno BHC argued in court briefs that Caltrans waived its right to make a time-limit claim through its legal pleadings. Wilson disagreed.
“(Friends of Calwa and Fresno BHC) assert that the issue of the timeliness of their CEQA claims has either been resolved by the appellate court or waived by respondents’ procedural error. The court disagrees. The statute of limitations is ripe for decision. Moreover, the evidence demonstrates that petitioners’ decision to file suit only in federal court on the last possible day was objectively unreasonable,” Wilson wrote in his 16-page opinion.
Judge Criticizes Legal Maneuvers
Wilson criticized Friends of Calwa and Fresno BHC’s legal moves, writing that filing in federal court on the last day “seriously prejudiced” their case.
“It is not objectively reasonable for a party to exchange an absolute right to litigate their state law claims in state court for the mere possibility of raising such claims in federal court only with their opponent’s cooperation and consent,” Wilson wrote. “Ultimately, petitioners are the architects of their own misfortune.”
In their writ of mandate, the plaintiffs argued the state’s transportation agency failed to adequately consider nearby residents in its environmental review. They asked the judge, unsuccessfully, to decertify the environmental impact report.
Wilson ordered the case to continue as a non-CEQA case.
This is the second time that the court ruled on the CEQA timeline issue. A judge ruled against Friends of Calwa and Fresno BHC in 2024. An appeal court sent the matter back to Fresno County Superior Court.
Proposed location of two Highway 99 interchange improvements. (Caltrans)
Future of Case Unclear
“The evidence demonstrates that petitioners’ decision to file suit only in federal court on the last possible day was objectively unreasonable.” — Judge Geoffrey Wilson
The status of the case is unclear. The state court does not have a date scheduled after Wilson’s ruling, although it did assign Judge Maria G. Diaz to hear future matters.
The initial writ of mandate listed two other causes of action — discrimination in a government program, and violation of the state’s duty to affirmatively further fair housing.
The last note in the docket for the federal case said it is waiting for the CEQA ruling in the state case. A minute order filed Feb. 23 said the court acknowledged a motion to dismiss the federal case.
“In the interest of judicial efficiency, the Court plans to hold that motion in abeyance until after the Fresno County Superior Court rules on the related CEQA claims, a decision that is anticipated by early April 2026. The parties are directed to file a joint status report within 14 days of the issuance of that decision providing their positions on the necessity of resolving the National Environmental Policy Act motion to dismiss,” wrote federal judge Jennifer L. Thurston.
Caltrans declined comment. Attorneys for Friends of Calwa and Fresno BHC did not return messages before publication of this story.