Wednesday, March 25, 2015

NIMBIES strike again, Highway 1 lawsuits continue


NIMBIES lose two (2) lawsuits. Now join with the Center for Biological Diversity to bring two (2) new lawsuits against seven (7) Government Agencies.

Pacifica Tribune/Jane Northrop, Staff Writer, 3/24/15.  "Caltrans noticed by environmental groups about alleged violations of federal laws."

Image result for NIMBIES block highway improvement picture
Gang of No don't need
no stinkin' Highway improvement,
or other City improvement.
No improvement and no tax.
Nothing period. And never to that.
"Pacificans for a Scenic Coast, Pacificans for Highway 1 Alternatives and the Center for Biological Diversity provided notice of their intent to file a citizen suit for violations of the U.S. Clean Water Act and the Endangered Species Act.  Caltrans is named a defendant in both.

"It also had to go to the city of Pacifica because the city is legally a 'necessary and indispensable party' to any decision in that lawsuit," said Peter Loeb, plaintiff representative. The San Mateo County Transportation Authority was named in that notice, as well. Besides Caltrans, the notice to sue for violations of the Endangered Species Act went to U.S. Dept. of the Interior, U.S. Fish and Wildlife Service, National Park Service, GGNRA and the Army Corps of Engineers.

....  "Caltrans posts in the Federal Register every road project they do in California and everyone knows about it. It's the law. It's a 'put up or shut up' rule. Loeb is saying Caltrans is trying to conceal something. That's not true. The opponents to Highway One are trying to see if they can torpedo the Highway 1 widening funding. They were hedging their bets on the loss of lawsuit number two. This was not a big surprise and it was part of their strategy," Mark Stechbart said.  Read article.

Related article - Pacifica Riptide/Peter Loeb, 3/24/15. "PSC & PH1A take legal action against Caltrans."  ... The 60-day notice of intent to sue for violations of the Endangered Species Act was sent to Caltrans, U.S. Department of the Interior, U.S. Fish and Wildlife Service, National Park Service, GGNRA, and Army Corps of Engineers." 7 Government Agencies.  "The 60-day notice of intent to sue for violations of the Clean Water Act was sent to Caltrans, San Mateo County Transportation Authority, and the City of Pacifica because the city is legally a "necessary and indispensable party" to any decision in that lawsuit."  3 Government Agencies.

Reference, US Govt Agency - Federal Register Daily Journal, 12/10/14. "Notice of Final Federal Agency Actions of Proposed Highway in California." .... "By this notice, the FHWA, on behalf of Caltrans, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before May 11, 2015. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies." 

Reference, the new plaintiff.   Center for Biological Diversity,  "Caltrans Watch, putting the breaks on Caltrans."  "The Center has organized a statewide coalition to take on irresponsible and damaging highway-widening projects around the state by the California Department of Transportation. The Caltrans Watch coalition aims to put the brakes on Caltrans’ wasteful spending, institutionalized disregard of environmental regulations designed to protect natural resources, and pattern of refusal to address local concerns. More than two dozen community and conservation groups are working to call attention to pervasive problems at Caltrans — including the agency’s refusal to consider reasonable alternatives to massive highway projects, shoddy environmental review, lack of transparency, reliance on flawed data and disregard for public input. The coalition is taking on five unnecessary highway-widening projects in Northern California with severe environmental impacts and a combined $350 million price tag: ....  The $50 million Calera Parkway project to double the width of Highway 1 in Pacifica, in San Mateo County, with impacts to endangered frogs and garter snakes."

Note graphic from David Smith's Blog, 7/31/13, "Affordable Housing Institute."  Graphic and captions by the poster.
The 60-day notice of intent to sue for violations of the Clean Water Act was sent to Caltrans, San Mateo County Transportation Authority, and the City of Pacifica because the city is legally a “necessary and indispensable party” to any decision in that lawsuit. - See more at: http://www.pacificariptide.com/pacifica_riptide/2015/03/on-march-5-2105-pacificans-for-a-scenic-coast-and-pacificans-for-highway-1-alternatives-sent-letters-of-intent-to-sue-caltr.html#sthash.SzW9tj7I.dpuf
The 60-day notice of intent to sue for violations of the Endangered Species Act was sent to Caltrans, U.S. Department of the Interior, U.S. Fish and Wildlife Service, National Park Service, GGNRA, and Army Corps of Engineers.

The 60-day notice of intent to sue for violations of the Clean Water Act was sent to Caltrans, San Mateo County Transportation Authority, and the City of Pacifica because the city is legally a “necessary and indispensable party” to any decision in that lawsuit. - See more at: http://www.pacificariptide.com/pacifica_riptide/2015/03/on-march-5-2105-pacificans-for-a-scenic-coast-and-pacificans-for-highway-1-alternatives-sent-letters-of-intent-to-sue-caltr.html#sthash.SzW9tj7I.dpuf

Submitted by Jim Wagner

Posted by Kathy Meeh

5 comments:

Pissed off in Ptown said...

It's getting pretty obvious that Jane is very biased towards the no-nothing-never contingent. It's unfortunate. If she wants to showcase Loeb and his cronies let her do an op-ed and don't disguise it as news. Loeb breathlessly spouts about forced hands and time deadlines as if something evil and sinister is afoot. I'll tell you what's evil and sinister, serial lawsuits!

Anonymous said...

I have no problem with serial lawsuits except when they delay something I want done. Call me disingenuous and totally self-interested, it's just how I roll.

Anonymous said...

If you people can dig deep, really deep down to the cold dirt,you can find out what a person Peter Loeb really is.

Kathy Meeh said...

525, "...really deep down to the cold dirt.." identity of Peter Loeb.
Peter is an earth worm?

When you figure it out, Caltrans and all those Government Agencies, including Pacifica, are being sued by Peter Loeb et. all for a studied, scientific Government traffic congestion plan (publicly vetted over 10 years). The current 1.3 mile traffic congestion is real, and "our people" want it fixed, which "you people" will never do.

About "you people": doing nothing to improve this City in the form of ongoing obstruction gets really old-- more than 30 years old. Look at what you've already done to stunt balanced progress in this city: Stop!

Anonymous said...

They really should issue licenses for anyone attempting to use innuendo. 525 Which ones are the "you people" and why and where are we supposed to dig? Note to self: do I really want to dig?