A three-judge appellate panel unanimously reversed a lower court decision, thereby overturning the approval by Orange County of the Saddle Crest/Saddle Creek development project.



This development, within scenic and rural Trabuco Canyon, had been approved over the objections of state and federal wildlife agencies due to NCCP inconsistency and despite removing hundreds of mature oak trees. Litigation by EHL, Rural Canyons Conservation Fund, Sierra Club, Sea and Sage Audubon Society, California Native Plant Society, and California Oak Foundation followed. Unfortunately, a mutually acceptable settlement could not be fashioned.

In this published opinion, handed down in late June, the County was found to have improperly exempted the project from mandatory General Plan requirements for resource protection and to have failed to disclose impacts under CEQA. While we anticipate a further appeal to the California Supreme Court, we are instead hopeful that federal funds may be used to purchase all or part of the property. We also hope for nenewed respect from the County of Orange for its own land use plan for the area.

The firm of Snell & Wilmer led the appeal, with assistance from EHL staff attorney Michael Fitts, Johnson & Sedlack, Ray Chandos, and the UCLA Environmental Law Clinic.