A consortium of conservation groups – EHL, Sierra Club, Natural
Resources Defense Council, Sea and Sage Audubon Society, and Laguna
Greenbelt – have challenged Orange County’s approval of devastating
development on the Rancho Mission Viejo (RMV) in Southern Orange County.
As
approved by the Board of Supervisors, the project fragments the most
intact habitat in the South Coast foothills, including the largest
population of California gnatcatchers in the United States. It
also virtually forecloses a successful Natural Community Conservation
Plan, or NCCP, that might have sited compatible development.
However, in its effort to accommodate the developer, the County of
Orange over-reached and created fatal flaws under CEQA and other
laws. For example, a “development agreement” that ties the
County’s hands is irreconcilable with the “programmatic” nature of the
EIR, which anticipates future flexibility.
The San Francisco law firm of Shute, Mihaly and Weinberger represents
the conservation groups. Strengthening our case is a
complementary lawsuit filed by the neighboring City of Mission Viejo,
which would be heavily impacted by traffic from the 14,000-unit
development.