The City of Poway in San Diego did not respond to EHL and wildlife agency requests to honor its commitments under its habitat plan. We’ve now filed suit.

The San Diego Multiple Species Conservation Program, or MSCP, has “subareas” for different jurisdictions. Back in the 1990’s, Poway adopted its component, in large part because the plan provided federal and state permitting for a major highway it was constructing, the Scripps Poway Parkway Extension (SPPE). A single large culvert – rather than the three initially recommended – was built under the SPPE to mitigate severe impacts to regional wildlife movement.

In the early years, Poway made good progress on its plan, but now many serious problems in implementation have arisen. Among these is not securing and properly managing the wildlife crossing under the SPPE. Contrary to explicit requirements, the City has not placed valid land use restrictions – called “easements” – on land it purchased as mitigation at both ends of the corridor. Also, even though only equestrian use is allowed in this highly sensitive location, the City has not restricted hiking and biking. These heavy uses have destroyed vegetation and resulted in documented loss of connectivity, with a decline in tunnel use by mammals like gray fox and deer.

After years of failed outreach by both EHL and state and federal wildlife agencies, and ongoing denial by Poway of its obligations, EHL has filed suit in Superior Court. We cite both the contractual Implementing Agreement for the habitat plan and related CEQA mitigation. Our request is that the court compel Poway to place easements on these corridor lands with terms and conditions acceptable to the wildlife agencies, as required by the plan.

EHL is represented in the litigation by Shute, Mihaly & Weinberger.