Saturday, June 23, 2007

SF Loses again: Housing Element must have an EIR

The City of San Francisco has lost again in court, as the First Court of Appeals threw out the city's 2004 Housing Element because the city failed to do the required environmental review under state law. You can view and/or print out the decision from this site, and the case number is A112987. The city was rebuked by the court for failing---again---to do an EIR on a project that clearly required one. The city's policy evidently is to do whatever it wants, forcing citizens and neighborhood groups to litigate to get it to obey the law. And the Bicycle Plan and the Housing Element were not isolated instances of this policy. The latest example is the city's Wi-Fi agreement with Earthlink.

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