Raptor and POW file two suits to protect Merced River

Press release: For Immediate Use !! ******* Press release: For Immediate Use !!

Raptor and POW file two suits to protect Merced River

MERCED (Aug. 11, 2008) — San Joaquin Raptor Rescue Center and Protect Our Water (POW) filed two California Environmental Quality Act (CEQA) lawsuits in Merced County Superior Court this week.

Petitioners sued Merced County, the Merced County Board of Supervisors and Christopher Robinson, alleging four arbitrary and capricious actions of abuse of discretion in approving a series of parcel splits. The suit alleges that respondents abused their discretion when: they granted a “common sense” exemption from CEQA against substantial evidence the County did not adequately refute that the project would have significant impacts to the environment, specifically the Merced River; they improperly segmented the project by piecemealing review of the full development; improperly approved a project inconsistent with the Merced County General Plan; they committed procedural non-compliance with CEQA and CEQA Guidelines by refusing to allow timely public access to documents and by failing to include sufficient description, data and information in the project description, and by failing to require an Initial Study for the project.

The suit petitions the court to vacate and set aside the project approval due to violations of sections of CEQA and California Government Code.

Petitioners also sued Merced County, the Merced County Board of Supervisors and Brett Tate for approval of a research microbrewery near the Merced River. Petitioners assert respondents committed two arbitrary and capricious acts of abuse of discretion by: granting a categorical exemption from CEQA for construction of a small structure; and improperly segmenting the project review by failing to analyze the wastewater discharge impacts to the Merced River and failure to consider the project in light of the Porter-Cologne Water Quality Act.

The suit petitions the court to vacate and set aside projects approval and the notice of exemption and to enjoin respondents from any further activity on the project until lawful approval is obtained after a sufficient level of environmental review.

“We brought these suits to protect the Merced River and to challenge the systematic abuses of discretion and capricious and arbitrary actions of the Merced County Board of Supervisors, the Merced County Planning Commission, the Merced County Hearing Officer, and the Merced County Planning Department,” said Lydia Miller, president of the San Joaquin Raptor Rescue Center. “We are very confident in our legal representation by Donald B. Mooney and Marsha A. Burch. Furthermore, we wish to recognize the excellent research and advocacy on these looming environmental problems provided by Maureen McCorry of San Joaquin Et Al.”

“We would also like to thank the members of the public whose contributions make these lawsuits possible,” Miller added. “We thank them for their continued support.”

Robinson Case #151468 Tate Case #151466

For further information contact:

Lydia Miller
San Joaquin Raptor/Wildlife Rescue Center
San Joaquin Raptor Rescue Center
(209) 723-9283, ph