Bayview Hunters Point Community Advocates v. Metropolitan Transportation Commission

ORDER GRANTING INJUNCTIVE RELIEF

These matters came before the Court on Monday, June 10, 2002, on Plaintiffs’ Motion for Permanent Injunction and Declaratory Relief Re: Civil Penalties. After careful consideration of the parties’ written and oral arguments, the Court GRANTS IN PART and DENIES IN PART Plaintiffs’ motion as discussed below.

PROCEDURAL BACKGROUND

On November 9, 2001, this Court found Defendants Metropolitan Transportation Commission (“MTC”) and San Francisco Municipal Railway (“MUNI”) liable for failing to implement Transportation Control Measure 2 (“TCM 2”), a provision that has been a part of California’s state implementation plan (“SIP”) since 1982. Bayview Hunters Point Cmty. Advocates v. Metro. Transp. Comm’n, 177 F.Supp.2d 1011, 1029-32 (N.D.Cal.2001) [hereinafter “Bayview”]. In particular, the Court found both Defendants liable for failing to achieve a 15% increase in regional transit ridership over 1982-83 levels. Id. at 1031-32 . The Court also found MTC liable for failing to consult with the regional transit operators under step two of TCM 2’s implementation schedule. Id. at 1030-31 . However, the Court noted that such liability was inconsequential…