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Landowners challenge groundwater conservation ordinance 

Morris Polich & Purdy LLP filed a writ in the San Luis Obispo County Superior Court on October 30, 2012, on behalf of the Concerned Landowners in the Paso Robles Basin (CLPRB) which challenges the Paso Robles Groundwater Basin Conservation Ordinance.

Adopted by the San Luis Obispo County Board of Supervisors on September 20, 2012, the Ordinance restricts certain discretionary property development in San Luis Obispo County, prohibits certain land divisions in San Luis Obispo County and makes certain changes to the San Luis Obispo County General Plan purportedly to save water. The Board also deemed the Ordinance to be categorically exempt from the strictures of the California Environmental Quality Act (CEQA).

“CEQA is supposed to work for everyone. The Board played fast and loose with its requirements. Our challenge is to assure fairness in the process in passing ordinances that effect the environment and the people of the community,” said Counsel for CLPRB Steven L. Hoch, MPP partner. “You can’t decide to follow the rules sometimes and then not follow them for political expediency.”

Specifically, the writ claims that the Board failed to take into account that the Ordinance would produce many environmental impacts and failed to take into account that the Ordinance’s description was vague, ambiguous, incomplete and inadequate and that it improperly segmented, resulting in an improper, incomplete and inadequate “piecemeal” review of the potential impacts.

“We are attempting to convince the Board that they made a mistake and hopefully reconsider the issue before the cost of their mistake takes too much out of the public’s coffers,” continued Mr. Hoch. “The funds are not coming out of the Board’s pockets. Everyone one in the county will have to pay for their error.”

Mr. Hoch is an environmental regulatory and litigation attorney who is a recognized authority and leader in his field with over 35 years of experience with both federal and state environmental laws and regulations.

Source: GlobeNewswire via COMTEX

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About the author: Publisher Scott Brennan

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