MBCA wishes to announce to the membership and interested friends the recent actions of our board: MBCA is now party to two lawsuits for two very worthy causes.
The first lawsuit is an "Intervention" with the Federal 9th Circuit Court of Appeals that is now considering MBCA and seven other parties to join as "full parties" in a huge consolidated lawsuit against the 2005 Energy Act and its resulting free reigning power transmission corridors. Our Attorney, Mr. Stephan Volker Esq., said of the case:
MBCA is waiting for approval from the 9th Circuit Court of Appeals to be a "full party", however, the wheels of justice turn slower the higher you go, and even slower yet on the federal level. (The Eagle Mountain MegaDump federal appeal [also 9th Circuit Court of Appeals] has taken three years and counting.)“Our intervention as full parties (rather than simply as amici curiae, or friends of the court) seeks to overturn DOE's designation of the 7 counties in Southern California (and 3 adjacent counties in Arizona) as the Southwest Power Corridor for future construction of power lines and support facilities. National parks and monuments, state parks, federal wilderness areas, and other lands of ecological sensitivity are all exposed to development without regard to their unique resources and species.
“DOE failed to conduct any review under NEPA and ESA, failed to consider alternatives such as conservation and renewable energy sources, and ignored the growth-inducing and global warming impacts of its decision.“We are intervening into a consolidated set of lawsuits in which several states including Arizona, California (its CPUC only), New York, Virginia, New Jersey, and Pennsylvania, together with a coalition of eastern and western environmental groups including NRDC, The Wilderness Society, the Piedmont Environmental Center and the California Wilderness Coalition, filed suit against DOE's decision. All support our intervention and welcome our assistance, as the utility and power industry is of course lined up on the other side in support of DOE's decision.”
The second lawsuit is closer to home and will have far more local scrutiny. In order to challenge the Town of Yucca Valley, MBCA formed the Coalition for Environmental Integrity in Yucca Valley (CEIYV) partnering with the Morongo Basin Property Association (MBPA) and the Citizens for Responsible Equitable Environmental Development (CREED).
Mr. John McClendon, Esq. is representing CEIVY in this California Environmental Quality Act (CEQA) lawsuit filed July 30, 2008, against the Town of Yucca Valley for the Town Council’s approval of the Yucca Valley Wal-Mart SuperCenter Environmental Impact Report (EIR). See MBCA’s Wal-Mart blog.
The Wal-Mart EIR deserves legal scrutiny because the Marketing Input Study, Wastewater Assessment, Traffic Study and local Water Supply Availability Assessment are all flawed and incomplete.
Urban Decay is the main problem with the Wal-Mart SuperCenter Project. The projected growth of the western Morongo Basin was completely out of line with the current reality of fuel costs (commuting), housing problems (mortgage, foreclosures and lack of building inducements), State Water Project future water availability (unknown), retail square footage glut and the resulting decline in commercial property values.
This stalled growth threatens the economic viability of the four local grocery stores that would be affected by Wal-Mart SuperCenter's $30 million hit on local grocery demand. Dr. Philip King’s marketing survey and comments, while not part of the EIR, demonstrate that one, or possibly two, grocery stores would close. These failed anchor stores would decimate the auxiliary small retail stores in their shopping centers, resulting in urban blight and decay.
(Please see Mr. McClendon’s Retail Specific Plan on our website and the new and expanded entries devoted to Wal-Mart.)
We believe these activities answer our charge and responsibilities as the Morongo Basin Conservation Association.
Best regards,
David Fick
MBCA President
MORE INFO ON THIS TOPIC: On the WalMart page and Energy pages on the MBCA Website. Previous blog posts: WalMart, Yucca Valley, Energy.
