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# Appeals Court Sides with Metro In Beverly Hills Subway Brouhaha
October 26 2015
Written by Joe Linton & Damien Newton.
[](https://www.addtoany.com/share)
GUEST COMMENTARY--What will it take for Beverly Hills to stop fighting the Purple Line? Map from [Metro](https://www.metro.net/projects/westside/).
In a ruling filed yesterday, an appeals court denied Beverly Hills’ attempt to block Metro from tunneling under their city to extend the Purple Line subway. The city of Beverly Hills and the Beverly Hills Unified School District (BHUSD) challenged Metro’s environmental studies as being inadequate. In 2014, [Beverly Hills lost in the initial round of the lawsuit](http://thesource.metro.net/2014/04/02/court-rules-in-favor-of-metro-in-pair-of-state-lawsuits-brought-by-beverly-hills-over-subway-extension/). This week Beverly Hills lost in their efforts to overturn the earlier ruling. The appeal court’s verdict takes Metro a few steps closer to moving full speed ahead with subway construction.
From the [ruling document](http://www.scribd.com/doc/286518885/Court-of-Appeal-ruling-in-Purple-Line-Ext-lawsuit), posted at [The Source](http://thesource.metro.net/2015/10/22/court-of-appeals-upholds-final-environmental-impact-report-for-subway-extension/), Beverly Hills and BHUSD asserted that Metro’s environmental impact reports (EIS/EIR) “relied on significant new and different information that was not in the draft EIS/EIR” and that Metro “fail\[ed\] to analyze localized air pollution and public health impacts from \[Purple Line\] construction.” The court concluded “that substantial evidence supports Metro’s decision not to recirculate the EIS/EIR, and that the EIS/EIR adequately discussed air pollution and public health impacts.” Ultimately the appeals court “affirm\[ed\] the trial court’s denial of School District’s and City’s petitions.”
The [initial 4-mile extension of the Metro Purple Line subway is already under construction](http://la.streetsblog.org/2014/11/07/metro-breaks-ground-on-purple-line-subway-extension/) and expected to open in 2023. The contentious second extension, which includes a station in — and a tunnel below — Beverly Hills, is anticipated to begin construction soon, pending full funding.
The latest verdict is good news for Metro’s efforts to continue to build out rail transportation networks. Unfortunately, it is also possible that Beverly Hills will continue to appeal to higher courts. Also, per [The Source](http://thesource.metro.net/2015/10/22/court-of-appeals-upholds-final-environmental-impact-report-for-subway-extension/), this week’s decision – an appeal on California law – is only half of the lawsuit with a parallel appeal on federal law still pending.
What will it take for Beverly Hills to drop its animus toward the Purple Line?
With an election for some Beverly Hills school board members on the ballot next week, this issue could be a spoiler in the election. Over the objections of some residents, the school board repeatedly voted to use bond money designated for construction to quixotically fight the subway. BHUSD Chair Brian Goldberg assured residents, parents and voters that the school district would recoup their legal fees, now estimated at over $10 million, from the agency. This is now looking increasing unlikely.
Will voters revolt now that their construction dollars were wasted on a fruitless lawsuit? Will BHUSD continue their risky gamble with taxpayer dollars tilting their lances at the windmill? We will find the answers to these questions soon.
But the larger question is now that BHUSD has lost again in court, what does it say to its students and parents? After all, the district pushed students to make some [factually-challenged videos of the dangers Metro](http://la.streetsblog.org/2014/12/02/hating-on-metro-part-of-the-curriculum-at-beverly-hills-high-school/%20). The student video was a PR move, disguised as part of their curriculum, that came after one school board member freaked out that the student newspaper called them out on their hysteria. The student’s video was better than the one put together by the parents, which l[iterally showed the school exploding](http://la.streetsblog.org/2012/04/26/new-video-metro-will-blow-up-beverly-hills-high-school/%20).
Beverly Hills leadership whipped up hysteria about the dangers of the subway, but, assuming these rulings hold, it is happening anyway. Will the same fearmongers now tell students, staff, parents and everyone else that the Beverly Hills High School is a safe place to send children to learn? It is hard to see a way forward without a change in the leadership.
But of course, that’s up to the Beverly Hills voters. Not out-of-city bloggers.
(Joe Linton and Damien Newman head the excellent [LA.Streetsblog](http://la.streetsblog.org) … where this perspective was first posted.)
-cw
CityWatch
Vol 13 Issue 87
Pub: Oct 27, 2015
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