Past SBMW Lawsuits
Radio Towers
Bay Area Land Watch v. County of San Mateo (San Mateo Sup. Ct. No. 391259; Calif. First App. Dist. No. AO73217). Court of appeal remand to trial court with order to issue peremptory writ setting aside San Mateo County’s Environmental Impact Report for failure to analyze cumulative impacts on endangered butterfly habitat, as required by the California Environmental Quality Act.
Terrabay Shellmound
San Bruno Mountain Watch v. City of South Francisco (San Mateo Superior No. 409456). Challenge to City’s compliance with the California Environmental Quality Act in connection with the 337 acre Terrabay project in South San Francisco, California. Settlement reached in which Terrabay developer set aside 40 acres of endangered species habitat for preservation.
San Bruno Mountain Watch v. U.S. Army Corps of Engineers, (N.D. Cal. Civ. No. C99-4606 MMC.) Challenge to the Corps’ issuance of a Clean Water Act 404 permit for failure to conduct cumulative impact analysis under the National Environmental Policy Act and for failure to consult pursuant to the Endangered Species Act regarding the effect to listed endangered butterflies on San Bruno Mountain of a 337 acre Terrabay project in South San Francisco, California. Settlement reached in which Terrabay developer set aside 40 acres of endangered species habitat for preservation.
USFWS Renewed Review of HCP
San Bruno Mountain Watch v. United States Fish & Wildlife Service, (N.D. Cal. Civ. No. C00-02485 PJH.) Challenge to U.S. Fish & Wildlife’s failure to reinitiate Endangered Species Act consultation regarding impacts of the San Bruno Mountain Incidental Take Permit/Habitat Conservation Plan where circumstances had changed for populations of Mission blue butterfly, Callippe silverspot butterfly and San Bruno elfin butterfly. After plaintiff’s partial summary judgment motion was filed and plaintiff had propounded substantial discovery, the Service agreed to reinitiate consultation and further assess the Plan’s impacts to three butterfly species. This is the first case in the nation to challenge the adequacy of an Habitat Conservation Plan’s implementation.
AMLOC Dump in Colma
San Bruno Mountain Watch v. Cypress Amloc Land Co. (N.D. Cal. Civ. No. C-04-03385 EDL) Challenge to landfill’s compliance with federal Clean Water Act related to discharges of polluted storm water and unauthorized non-storm water, as well as compliance with RCRA for alleged discharges of volatile organic compounds and other contaminants to groundwater. Substantive settlement reached.
Clean Water Act
San Bruno Mountain Watch v. Brookfield Homes Northeast Ridge II LLC, et al, (N.D. Cal. Civ. No. C08-01366 SBA (EMC)) Defendant was charged with violation of the Clean Water Act and the construction permit on partially built Northeast Ridge Development project. Suit resulted in a stipulation to dismiss with prejudice. Settlement resulted in adoption of highest standard of site stabilization and storm water runoff protection, award of fees and a Supplemental Environmental Project to mitigate for damages done.
Access to Records
San Bruno Mountain Watch, Riverlaw, As You Sow v. State Water Board et al. (Sacramento Superior Court; Filed April, 2005) Challenge to Public Record Act policies and guidelines of the State Water Resources Control Board and all nine Regional Water Boards in California. Settlement reached resulting in change of agency policies and greater access to records.
San Bruno Mountain Watch v. U.S. Fish & Wildlife Service, (N.D. Cal. Civ. No. C99-3444 SBA.) Freedom of Information Act litigation resulting in release of documents and award of fees.