Federal judge halts project in Chico, Calif., cites risk to 3 threatened species
July 18 (UPI) -- A federal judge overturned the approval by the U.S. Army Corps of Engineers of a mixed-use project in Chico, Calif., after environmentalists claimed it will destroy the natural habitat of threatened species.
At issue was the Stonegate Development Project, a 314-acre development. It was to include 423 single-family residential lots, 13.4 acres of multi-family residential land uses, 36.6 acres of commercial land uses, 5.4 acres of storm water facilities, 3.5 acres of park and a 137-acre, open-space preserve, the ruling said.
U.S. District Judge Daniel Calabretta gave summary judgment requested by the Center for Biological Diversity and AquAlliance and halted implementation of the project until the U.S. Fish and Wildlife Service prepares a legally adequate biological opinion that the development wouldn't jeopardize protected species.
Calabretta, a President Joe Biden appointee, wrote that the U.S. Fish and Wildlife Service issued a Biological Opinion for the project in early 2020. That opinion "acknowledged there would be harm to some ESA-listed species, but that the project would not jeopardize the continued survival and recovery of the listed fairy shrimp, tadpole shrimp and meadowfoam." It also did not analyze impacts on the giant garter snake, he added.
"The court finds that federal defendants' failure to consider potential effects on the ESA-listed giant garter snake was based on a faulty assumption that there have been no sightings of the snake within five miles of the project renders its Biological Opinion arbitrary and capricious," Calabretta said.
According to the conservation groups, the project also would permanently destroy 9.14 acres of wetlands. But some meadowfoam habitat may be established through mitigation efforts.
The Butte County meadowfoam is found nowhere in the world but Butte County, Calif., the Center for Biological Diversity said. The species has only 21 distinct populations remaining, and the project would destroy one population and further encroach on two others.
According to the fish and wildlife service, the giant garter snake is one of the largest garter snakes, reaching 63.7 inches long. It has been listed as threatened since 1993 and now only exists in three counties in California. Only about 5% of its historical wetland habitat remains.
Vernal pool fairy shrimp are restricted to vernal pools found in California and southern Oregon. They are found in 32 counties across California's Central Valley, central coast and southern California and in Jackson County in southern Oregon, the service said.
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