A threat to our conservation plan
ROSS is a member of the Carmel Valley Planning Board.
Once again, it's
up against the public relations wall for San Diego's
nationally acclaimed conservation program, the Multiple Species Habitat
Plan. This time, the assault is not coming from the extreme property rights
advocates who plagued the habitat plan's early days, but from Tucson's
Southwest Center for Biological Diversity which enlisted a pack of local
environmental groups in their hot pursuit to purify MSCP.
The group filed suit when 66 ancient vernal pools were stupidly bulldozed
into near extinction on the new Cousins Mira Mesa mall site. The suit
claims that the city's conservation program, the plan whose advocates
would end land-use planning-by-lawsuit, does not protect several threatened
species inhabiting these rare earthen indentations scattered about San
That the Southwest Center, which regards the Endangered Species Act second
only to the tablets on Mount Sinai, filed legal action is not surprising.
The organization is an environmental lawsuit clearinghouse whose stable
attorneys seek to hold government agencies to every dotted "I"
Endangered Species Act. Their web site lists over 50 resolved and pending
suits on behalf of a laundry list of species. Their track record is
Representatives of the Southwest Center make no secret of their antipathy
toward habitat conservation solutions like San Diego's MSCP, whose flexible
planning style is too elastic for their comfort. So, it wasn't unexpected
that MSCP would face such a court challenge sometime in its young life.
fact, many MSCP advocates welcome the suit that many believe will not
vindicate the program, but bolster its force of law.
But, when local environmental groups signed on to the Southwest Center
lawsuit, MSCP planners and advocates felt like the Pacific fleet at Pearl
Harbor. While some of the groups tethered to the lawsuit exist in little
more than name only, many have very real political cache earned through
years of environmental advocacy. If not put in perspective, this new
wrinkle could turn into a public relations nightmare of stadium
The gang-up on MSCP is startling coming on the heals of the programs most
dramatic demonstration of success. With voter approval of Propositions
and K, $160 million in restored and conserved habitat connecting Los
Penasquitos Canyon, San Dieguito River Valley and Black Mountain became
public lands at no taxpayer cost. At the same time, Carmel Mountain, long
sought for its habitat connectivity to Torrey Pines State Park, was
dedicated to the city last month.
In its first year of implementation, 14,130 acres of habitat were preserved
in the city compared to a loss of 243 acres. And, as over a thousand acres
of prime habitat on Del Mar Mesa became preserve, including 51 acres of
vernal pool habitat, MSCP guidelines prevented an alignment for state
56 that would have made it a concrete barrier across one of the city's
important wildlife corridors to Los Penasquitos Canyon.
Regionally, over 35,000 acres has been preserved under MSCP plans with
to come as funding for acquisition becomes available or other development
projects contribute their share of lands to the interconnected preserve
system which will one day comprise about 175,000 acres of undeveloped
The timing of the lawsuit couldn't be worse for MSCP. Land acquisition
preserve management funding must be in place within the next few years
keep local oversight over development permitting around sensitive habitat.
If not met, San Diego returns to the old days where builders waded through
costly layers of state and federal building permit requirements and
planning proceeded project by project.
For those of us who are as concerned about housing for people as we are
plants and animals, the demise of MSCP would spell bad economic and
conservation news. Without the regulatory relief, San Diegans will see
expensive housing and slower infrastructure improvements. And without
funded integrated habitat plan, critical habitat areas will become
increasingly segregated and in private hands without management oversight.
MSCP is more a process than a plan on paper -- its successes are the result
of unusual coalitions between former adversaries. The sudden burst of
from some environmental groups reflects a persistent unease that MSCP
"developers plan" designed more around political expediency
biology. By the same token, there are plenty in the building industry
interpret this lawsuit as evidence that the biological needs of
environmentalists reside in the recesses of a bottomless pit.
Balancing economic necessity with protecting the defenseless means
reconciling very powerful instincts, a task that the public interest
groups, builders, property owners, planners and environmentalists who
negotiated MSCP understand better than most.
The MSCP has proven resilient by the shear force of the policy's sense
fair-play -- and there's every reason to believe that San Diego's
conservation plan will survive this latest skirmish with flying colors.
that is because the public, who must ultimately pay the bill, usually
the right thing.