Clinic Wins Rare Appeal in California Highway Expansion Case
On March 12, Friends of Calwa Inc. and Fresno Building Healthy Communities — community organizations that advocate for the health and well-being of residents in South Fresno, California — secured a rare victory on their petition for a writ of mandate4 to the California Court of Appeal. The victory marks a significant step forward in a long-running legal saga over a planned expansion of an interstate highway that cuts through South Fresno.
The two groups are represented by the Environmental Justice Law and Advocacy Clinic5, part of the Jerome N. Frank Legal Services Organization6 at Yale Law School.
Notably, the Court of Appeal hears a limited number of such petitions for extraordinary relief and grants an even smaller portion of such requests, according to the clinic. More than 90% of writ petitions7 are summarily denied.
“The Appellate Court’s order should finally give the South Fresno community the ability to challenge Caltrans’ flawed environmental review in court. This opportunity is long overdue,” said clinic student Taylor Wurts ’25.
Just days after student attorneys in the clinic filed a reply brief8 with California’s Fifth Appellate District, the appeals court directed the trial court to vacate its order dismissing the community groups’ environmental claims against the state transportation agency. At issue in this case is a highway expansion project that “would accelerate air pollution, industrial buildout, and heavy-duty truck traffic in already overburdened neighborhoods” in South Fresno, according to the petition. The Court of Appeal’s order clears the way for the community groups, represented by the clinic, to proceed to a merits hearing on their environmental claims.
“We, the residents of South Fresno, deserve clean air, not another dangerous project. This recent court ruling now gives us the chance to prove that what Caltrans did was illegal, wrong and immoral. The facts are on our side. We will not allow Caltrans to continue to perpetuate their racist practices that will only bring more industrial development. The power is with the people,” said Laura Moreno, Executive Director, Friends of Calwa, Inc.
The appeals court’s order revives community groups’ California Environmental Quality Act (CEQA) claims, which allege that the highway expansion’s environmental review erased the presence of any residents within the vicinity of the project, producing a description of the existing physical setting that was highly inaccurate. Pursuant to the Court of Appeal’s order, on April 2, 2025, the trial court vacated its earlier order9 granting summary adjudication.
Community Organizations Fight Highway Expansion
Fresno Building Healthy Communities and Friends of Calwa sued the state and federal transportation agencies in March 2023 in federal district court over the agencies’ approval of the project to expand State Route 99 in South Fresno. The lawsuit challenged the sufficiency of the agencies’ environmental review of the project under state and federal law as well as their compliance with civil rights and housing protections.
CEQA and the National Environmental Policy Act require Caltrans to thoroughly analyze the environmental impacts of the project on the surrounding community. But Caltrans’ analysis claimed that there were no communities in the project area that would be impacted.
The omission, according to court filings, ignored tens of thousands of longstanding residents who live in neighboring communities. The health and safety of those residents are closely tied to levels of air pollution emitted by heavy-duty trucks traversing State Route 99 and traveling through local roadways connected at the interchanges, the petition states. The petition also alleges that Caltrans designed the project to accommodate truck traffic associated with a planned 2,940-acre industrial park, which is expected to site upwards of 19 million square feet of commercial and industrial space next to the highway. The lawsuit charges that Caltrans broke the law by failing to disclose the highway project’s link to the industrial park to regulators and the public.
“It’s simple. Caltrans did not follow the law and failed to conduct the required environmental analysis. Caltrans continues to try to skew the facts and went out of their way to deny the community their day in court,” said Sandra Celedon, President and CEO, Fresno Building Healthy Communities. “We are glad the Court saw right through their tactics. Caltrans and the Federal Highway Administration still have a chance to do the right thing and either withdraw the project completely or make significant changes. Let’s hope they come to their senses and listen to the community. The people of South Fresno shouldn’t have to sue a public agency that is supposedly committed to eliminating barriers to provide more equitable transportation for all Californians. We believe that when it comes to how we move and how we travel in Fresno County, we can move forward together with better transportation decision-making and by prioritizing projects that improve access for and provide meaningful benefits to our communities.”
In what Friends of Calwa and Fresno Building Healthy Communities characterize as an attempt to shut the courthouse door on residents, Caltrans challenged the federal court’s ability to decide the state law claims, arguing that they should be heard in state court. After the community organizations voluntarily refiled in California state court, the agency filed a motion for summary adjudication in June 2024 seeking again to throw out the CEQA claims, this time arguing that the state court action was filed too late.
The trial court sided with Caltrans and dismissed the community’s CEQA claims in October 2024 before they could be heard on the merits. Rather than wait until final judgement to seek an appeal, student attorneys quickly mobilized to challenge the erroneous dismissal and seek appellate intervention through an unusual vehicle — a petition for writ of mandate11.
After the appeals court agreed to hear the petition — an unlikely event itself — student attorneys last month filed a reply brief with the court8. Just days later, on March 12, the appeals court granted Friends of Calwa and Fresno Building Healthy Communities’ request. According to the court, although “appellate courts generally avoid using extraordinary writs” to review a trial court decision before final judgment, the clinic’s filings had shown significant legal questions warranting the exceptional remedy.
“South Fresno residents have steadfastly insisted upon their right to sound environmental review regarding developments in their neighborhoods. Caltrans’ flawed environmental review erased South Fresno communities’ existence from its environmental analysis. This was illegal. The Court of Appeal’s order is an important step towards protecting South Fresno residents’ rights to secure a healthier future for their children and community,” said Ananya Agustin Malhotra ’27.
The battle11 over the Fresno project puts a new spotlight on fights across the country to tackle the nation’s legacy of racially motivated and inequitable highway construction projects and transportation infrastructure.
“It is long past time for government officials to put an end to building highways through the heart of low-income communities and communities of color. South Fresno residents have suffered enough of the environmental and health dangers that come from breathing harmful traffic and industrial pollution. While the work continues, this win from the appeals court is a major leap forward in our client’s decades-long fight for justice for their communities,” said Maria Michalos ’27.
The Environmental Justice Law and Advocacy Clinic5 at Yale Law School provides students an opportunity to participate in full-service legal support of community-based organizations, Tribal Nations, and nonprofit coalitions seeking to advance environmental justice and related concerns such as tribal sovereignty, environmental protection, public health, civil rights, and participatory environmental governance.
Fresno Building Healthy Communities is a nonprofit organization, founded by residents in Fresno, California, to foster and encourage thriving communities where all children and families can live healthy, safe, and productive lives.
Friends of Calwa is a nonprofit organization, founded by residents in Calwa, California, to bring resources and people together to ensure all people, regardless of income level, cultural background or political persuasion, can live in neighborhoods that nurture their development.
Fresno Building Healthy Communities and Friends of Calwa are jointly represented by the Environmental Justice Law and Advocacy Clinic at Yale Law School, Leadership Counsel for Justice and Accountability, and the Public Interest Law Project.
