Will SBMW is challenge the Neg Dec in court?
SBMW has filed a suit objecting to the passage of the negative declaration. • What does SBMW hope to gain by going to court? Parties to a lawsuit are required to consider a settlement agreement – some sort of compromise both parties can live with. If no settlement is forthcoming, the suit goes to litigation. We feel confident that we would win in litigation, if it comes to that. If we win, it seems likely that a new EIR, or at least an EIR Amendment, will be required by the court. Either of these should include a careful consideration of the project within present day environmental conditions as well as new scientific research about the needs of the Callippe silverspot and Mission blue butterflies. Such research should inform what happens at that building site. We hope for a reconfiguration that will insure that the butterflies will not be isolated, and a development plan that will take into account the present day habitat restoration limitations, as well as air, water, transportation,
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