Clarification of TMV Lawsuit Press Release

by Brian Bierman

A commenter called jackt writes:

Can someone explain to me how this works? On Oct 5 TMV was approved and supposedly if someone was to raise a stink they had 30 days to file a lawsuit. The anti-tmv bunch filed a lawsuit roughly 40 days after Oct 5. The math doesn't fit, or I missed something.

The lawsuit is actually filed against the Kern County Board of Supervisors; not Tejon Mountain Village.  According to Lorelei Oviatt of the Kern Planning Commission, the filing was made on the last day of the time allowed.  Veteran's day delayed the announcement.

The court filing states:

1.  This action challenges the October 5, 2009 decision of Kern County and the Kern County Board of Supervisors ("Respondents") to approve the Tejon Mountain Village Specific Plan ("Tejon Mountain Village", "TMV", and "Project") and certify the Environmental Impact Report ("EIR") for the Project. Respondents’ approval was in violation of the California Environmental Quality Act ("CEQA"), Public Resources Code § 21000 et seq., and the CEQA Guidelines, title 14 California Code of Regulations, § 15000 et

2.  Tejon Mountain Village is a massive luxury resort project in the Tehachapi Mountains on the southern edge of Kern County, to the east of Interstate 5. The Project would have numerous environmental impacts that were not addressed or were insufficiently addressed in the EIR. These impacts include harm to regional air quality, contributions to global warming, harm to essential and critical habitat for the endangered California condor, harm to other threatened and endangered species and their habitat, harm to protected cultural resources, increased traffic, increased risk of wildfires and flooding, and impacts to water quality. The EIR also fails to adequately identify a sufficient water supply for the project, fails to adequately describe the Project’s impacts on regional water supplies, and improperly excludes Castac Lake in its analysis.

3.  Petitioners and Plaintiffs Center for Biological Diversity, Wishtoyo Foundation, TriCounty Watchdogs, and Center on Race, Poverty & the Environment ("Petitioners") request that this Court vacate and set aside the Project and related approvals and the certification of the EIR because Respondents failed to comply with CEQA and applicable State Planning and Zoning Laws.

 



1 Response
jackt
11/14/2009
9:44 AM
Oops, I didn't mean to make front page news when I asked the question. There's a simpler explanation for my confusion. 30 days is roughly 40 business days.

Anyway, while I'm here making a comment, I would like to add that Jan de Leeuw of the Tri County Watchdogs should not "harm regional air quality" by driving to work at UCLA every other day.

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