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Bayview Hunters Point Community Advocates v. Metropolitan Transp. Comm'n

ELR Citation: 34 ELR 20024
Nos. No. 02-17352, (9th Cir., 04/06/2004)

The court holds that a local transportation control measure, adopted as part of California's state implementation plan to attain federal air quality standards in the San Francisco Bay Area, does not impose an enforceable obligation on the local transportation commission to increase public transit ridership. A district court held that in addition to a four-step implementation schedule, the transportation control measure required the commission to increase public transit ridership by 15% over 1982-1983 levels. Because the commission failed to increase public transit ridership, the court issued an injunction requiring the commission to do so. The 15% increase in public transit ridership, however, is an unenforceable target. Because the commission did not fall short with regard to the four-step implementation schedule, it did not violate the transportation control measure and the district court's injunction was reversed.

[Counsel not available at this printing.]