EHL filed a “friend of the court” brief in an administrative process to protect the Otay Mountain foothills and the endangered Quino checkerspot butterfly.



Fifteen years ago, a misleading ballot measure allowed a private, 340-acre for-profit landfill in the Otay foothills in southern San Diego County to circumvent local approvals. Now, definitive studies (the County’s own state-approved capacity report) show that the landfill is not needed. 

The landfill would pollute the already overburdened Tijuana River watershed and irretrievably harm core populations of endangered species (Quino checkerspot butterfly, fairy shrimp in vernal pools, California gnatcatcher, Otay tarplant). A bill to remedy these problems narrowly failed in the state legislature.

However, due to underlying mineral rights held by the U.S. Bureau of Land Management (BLM) the landfill applicant must obtain federal approval for the project. The BLM rejected the application for mineral rights conveyance, but the decision was appealed. EHL filed an “amicus brief” outlining the reasons why the why the landfill would not constitute a “more beneficial use” as required by federal law, specifically because the facility is not needed and would have major ecological consequences.

EHL acknowledges the lead role of Protect Otay Foothills <https://www.protectotayfoothills.org> on this issue, and appreciates the legal work of Shute, Mihaly & Weinberger on our behalf.