Most important week in Cal Bear history?
(Written by kencraw)
Could it be that this week is the most important week in Cal Bear history? Not the Arizona game… the SAHPC lawsuit!
On Wednesday and Thursday the judge will hear the arguments of both the University and the 3 suing entities (City of Berkeley, Panaramic Hill Association and the Save the Oaks Association). The judge has already received all of the written arguments from all sides.
To really understand the case, you need to read Chris Avery’s Article over at BearInsider.com. It’s excellent at explaining it. A key piece of info that I was unclear on is the importance of the accuracy of the EIR, not whether there are actually legal problems with the project. As an example, there was a lot of discussion early in the summer when the University submitted the updated earthquake fault testing particularly regarding some rumors that the new data “would not be allowed in court”. That statement was inaccurate. What was really being said was that because that data was not part of the original EIR, it doesn’t change whether the original EIR was invalid.
In the world of protestor delay tactics, invalidating the EIR is a big deal. In theory, invalidating the EIR for imcompleteness is no big deal because you can just write another one that addresses the areas that were not complete. However, in the complex land of power-plays and delay tactics it is a big deal because of the time it takes to do a new EIR with all the necessary public comment and review processes that must be re-done. Particularly since there is nothing that prevents the same parties from re-suing when the new EIR completes the review process and is approved, one can see how obstructionists can delay for decades using this technique even though they’ve never submitted an argument for why the actual project is against the law.
After reading the article, I’m much more concerned that the lawsuit is not going to go Cal’s way. Expect a post later today breaking down each of the City of Berkeley’s legal arguments.
September 18th, 2007 at 10:26 am
Thanks Ken for the coverage!
September 18th, 2007 at 10:42 am
Thanks, Ken. I was stuck reading the Chron’s deplorable coverage on this until I saw you post.
Sadly, I feel MUCH worse about this case after reading the BearInsider article.
September 18th, 2007 at 1:33 pm
Now, I’m no lawyer; I’m just a caveman that’s been thawed out to analyze this issue…
[Sorry, wrong bit.] On the EIR…
I worked for several years in environmental consulting, planning, licensing and siting on billion dollar projects way, way more controversial than this that everyone (including our clients) agreed had adverse environmental impacts and involve CEQA, NEPA, the Endangered Species Act, the Historic Preservation Act, Native American Rights, Water Rights and whole bunch of other esoteric laws and statutes.
I’ve been involved in projects that went to court and have never seen an EIR rejected wholesale or declared invalid. Typically, agencies or NGOs (non governmental organizations) argue that the EIR is invalid, but I’ve never heard a court rule that. I’ve seen courts rule that additional data gathering is required (which seems to have been done by the USGS and the private firm whose name escapes me). This doesn’t involve rewriting the whole EIR, just the section in question.
Long story short, I’ve never seen an EIR issue stop a project from going forward. It may delay it, however.
September 18th, 2007 at 2:27 pm
I think that’s the fear CalBandGreat… that this will delay things. And who knows what a delay will mean. Will Tedford stick around through all of the delays if Michigan or Notre Dame or the NFL comes calling? That’s what everyone fears. (Of course it is nice to hear that it is rare that the entire EIR is invalidated and that it’ll shorten the delays.)
Me… well I fear it too… but I’m not going to be too alarmist yet. Let’s let the case play out and see how things go.
BTW, what happened to all the tough talk about the Pick’Em league? 🙂
September 18th, 2007 at 4:46 pm
Haha. What happened to my tough talk was Oregon St. didn’t take care of business like they’re supposed to, UCLA stinks, we didn’t blow out CSU, Washington learned how to play football, and Stanford actually won a game. And did I mention how much UCLA stinks? Cause they do and I hate them so much. Basically, my fall from grace is everyone’s fault but mine. But there’s a lot of football to be played, my friend, and I’m feeling sassy this weekend. You should rig a comment function up to the Pickem page for some sassmouth.
I share your concerns about Tedford leaving if there are continued delays, especially after we as Cal fans have been hurt before by these coach-floozies who lay down with the next program that offers them a big contract. But I truly believe JT is different. I think he will stay with us if he knows that we will prevail in the end.
Go Bears! Beat the NIMBYS, Hippies and COB!