A settlement agreement secured major benefits for the endangered Quino checkerspot butterfly – and for housing.

Saving the Quino checkerspot butterfly is a priority for EHL. Once one of Southern California’s most common butterflies, it now survives in small and fragile populations. The butterfly needs large intact landscapes with native plants free of invasive annual grasses. Back in 1996, the San Diego Multiple Species Conservation Plan, or MSCP, did not have enough information to protect the Quino as a “covered species.” EHL is committed to filling that gap.

Village 13, part of the huge Otay Ranch development near Chula Vista initially approved in 1993, was re-approved in 2020. EHL had many concerns but most particularly over losing a unique location where butterflies have persisted over time, including during droughts. EHL filed several comment letters – legal, biological, fire hazard and evacuation, greenhouse gas, and water quality – on the environmental impact report. Subsequently, EHL and other groups commenced litigation, later joined by the Attorney General of California. But instead of going to court, the parties entered settlement discussions. Four long years later, a surprisingly productive agreement has been finalized.

Our goal was to set aside enough Quino habitat to ensure its persistence on the site. While it is not possible to determine this outcome with certainty, a site visit with Quino experts gave us confidence that a scaled back project could accomplish it. The developer worked with us to reduce the footprint by about 40% while substantially increasing housing capacity by close to 50%. The result protects the most important butterfly habitat, using a small canyon to separate it from development. With a product mix using more attached units, the housing will be more affordable.  

The agreement has other benefits. It improves fire safety, with an additional camera for detecting early ignitions and early road widening. It also secures improved mitigation for greenhouse gas emissions, with a “net zero” outcome. An innovative, locally-accountable program will replace the purchase of carbon credits on the open market.

EHL appreciates the creativity of the Baldwin and Moller companies, and is pleased that we could collectively show that environmental protection and housing production can go together. Throughout the complex process, EHL was represented by the law firm of Shute, Mihaly & Weinberger.