The City of Poway (in San Diego County) has not carried out obligations under the San Diego Multiple Species Conservation Plan (MSCP) to maintain wildlife movement. EHL has taken action.

The MSCP has “subareas” for different jurisdictions. Back in the 1990’s, Poway adopted its component, in part because the plan provided federal and state permitting for a major highway it desired, the Scripps Poway Parkway Extension (SPPE). A large culvert was built under the SPPE to mitigate severe impacts to regional wildlife movement. Poway’s subarea plan also has requirements for coastal sage scrub preservation. Unless all these obligations are carried out, species are not conserved, state and federal endangered species laws are violated, and impacts of development go unmitigated.

In the early years, Poway made good progress, but recently, serious problems have emerged. Most prominent is not securing and managing the wildlife crossing under the SPPE. Contrary to clear requirements, the City has not placed land use restrictions – called “easements” – on land it owns at both ends of the corridor, nor has it managed the crossing to keep out incompatible uses. Instead, unauthorized activities, primarily mountain bike use, have seriously disrupted wildlife movement.

EHL’s attorneys wrote to the City detailing the non-compliance with the MSCP, noting that there are also related violations under CEQA. We offered to work collaboratively with the City on resolutions. The state and federal wildlife agencies are engaged, as well, and we hope to see progress soon.