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Lawsuit says “Plan Bay Area’s” drafters wore blinders

August 18, 2013

pacificlegal.org – excerpt

High-density development scheme is based on cherry-picked facts and an illegal refusal to evaluate a less restrictive alternative

OAKLAND, CA;  August 6, 2013: Plan Bay Area — a regional transportation plan that would squeeze future residential and commercial development into crowded, high-density zones — must be struck down because it was developed in violation of a key state statute, the California Environmental Quality Act (CEQA).

So argues a lawsuit filed today by Bay Area Citizens (BAC), a coalition of concerned residents from throughout the region who have actively monitored the plan’s development, offering critiques and proposing alternatives. The coalition is represented, free of charge, by attorneys with Pacific Legal Foundation (PLF), a watchdog organization that litigates for limited government, individual rights, and a balanced approach to environmental regulations…

Statements: Why the Bay Area Citizens organization, and Pacific Legal Foundation, are suing

“Plan Bay Area would foist a one-size-fits-all vision of ‘transit oriented development’ on the region,” said PLF Principal Attorney Damien Schiff…

Lawsuit: The Plan devised by ABAG and MTC flouts CEQA

Federal and state law require the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) to produce a combined regional transportation plan and sustainable communities strategy for the Bay Area. Among other things, the strategy must meet the Bay Area’s greenhouse gas reduction targets (a seven percent per capita reduction by 2020 and 15 percent by 2035), as well as state-assigned housing needs.

However, the lawsuit filed today says that ABAG and MTC violated CEQA by failing to justify Plan Bay Area’s high-density development scheme, and refusing to consider the feasibility of a less restrictive alternative…

Plan Bay Area: a “sardine strategy” for people, housing, and jobs…

ABAG and MTC have illegally ignored facts showing that Plan Bay Area’s…
draconian development restrictions aren’t necessary…

ABAG and MTC illegally ignored credible alternative strategies..

Filed in Alameda County Superior Court, the case is Bay Area Citizens v. ABAG and MTC. View the petition for writ of mandate, a video and a podcast(more)

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