Re: NWP Likely to be in Court
Author: Brian Bergtold
Date: 11-21-2009 - 12:15
Using CEQA as a stalling/blocking tactic has become a favorite of any group opposed to a project for whatever reason. From simple NIMBYism, to more complicated commercial and land use issues, attacking the legitimacy/legality of an EIR is a surefire way to stop development cold.
Here in the People's Republic of Santa Cruz, the vocal bike lobby has tried to use the same "whole of the project" argument in opposing widening of traffic choked Hwy 1. CALTRANS has successfully made an end run around them by planning and building "merge lanes" and their related improvements in concurrent segments. Having been stymied, the bike nuts are now focusing their ire on proposed HOV lanes that "could" be added to the improved stretches without much modification. As the next segment nears start of construction, they argue a new EIR should be done that takes the proposed (yet unfunded as part of the current work) lanes into account. They're using a proposal specifically aimed at catering to their cries as ammunition against the whole thing. In an amusing twist, they are planning on going the same piecemeal route if they build their beloved rail trail along the Santa Cruz Branch ROW. What's good for the goose is good for the gander, so I'm sure property owners that potentially face a county sanctioned gang and drug dealer corridor in their back yards will be lodging the same "whole of the project" type lawsuit.