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Opinion

Sunday, Dec. 21, 2008

Tentative West Park ruling on right track

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A Fresno County judge is headed in the right direction with his tentative ruling about West Park and when an environmental impact report is required under state law.

First, there's no doubt about whether there needs to be a major environmental review. If it proceeds, this project will cover more than 4,000 acres and have a dramatic impact on roads, air quality, noise levels, wildlife, water sources and many other aspects of life on the West Side.

In fact, the environmental review is under way, with a draft report expected out by next summer. Inevitably, the draft will -- and should -- generate significant public comment.

But the city of Patterson filed a lawsuit against Stanislaus County, claiming that this large and expensive environmental review should have been done before supervisors signed a memorandum in April with Gerry Kamilos and his West Park partnership. That memorandum allows Kamilos to continue planning the project, not to build.

Patterson filed its lawsuit in May. It's an obvious tactic to delay and eventually kill the short-haul rail proposal. County officials interpret it the same way, which is why they are fighting the lawsuit in court.

Fresno Superior Court Judge Tyler D. Tharpe, in his tentative ruling Tuesday, said the county's memorandum did not constitute a project under the California Environmental Quality Act. The judge is expected to issue a final ruling in a few days.

CEQA is a valuable way to measure the negative impacts of a project against the benefits, which the developers are always eager to talk about. We believe in the act, but we also believe it can be misused, and this appears to be a case of that.

Patterson and other opponents of West Park have already registered their objections to West Park and they'll have more opportunities to do so. City leaders are understandably concerned about the impact of additional trains through their community.

But to argue that the county has to roll everything back almost a year would be a ridiculous waste of time and money. A majority of supervisors like West Park, but it not yet a done deal. There will be significant impacts to mitigate and, frankly, the economy casts some doubt on all big projects.

But developing the former Crows Landing Naval Air Field for business and industry remains one of Stanislaus County's best opportunities to bring in a significant number of new jobs. We hope the judge confirms his tentative ruling and the planning continues.

More than ever, Stanislaus County needs an economic boost and West Park offers that possibility.

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