News

12/26/2001 OVC and SC sue LA over failure to prepare draft EIR on LORP
LAURENS H. SILVER (SBN 55339)
CALIFORNIA ENVIRONMENTAL LAW PROJECT
302 Sycamore Avenue
Mill Valley, California 94941
Telephone: (415) 383-5688
Facsimile: (415) 383-7995

Attorney for SIERRA CLUB


LAW OFFICE OF DONALD B. MOONEY
DONALD B. MOONEY (SBN 153721)
129 C Street, Suite 2
Davis, California 95616
Telephone: (530) 758-2377
Facsimile: (530) 758-7169

Attorney for OWENS VALLEY COMMITTEE


IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF INYO

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

SIERRA CLUB, and OWENS VALLEY COMMITTEE
Plaintiffs

v.

CITY OF LOS ANGELES; and LOS ANGELES DEPARTMENT OF WATER AND POWER
Defendants

COUNTY OF INYO; CALIFORNIA DEPARTMENT OF FISH AND GAME; CALIFORNIA STATE LANDS COMMISSION, and CARLA SCHEIDLINGER
Real Parties in Interest.


INTRODUCTION
1. Plaintiffs bring this lawsuit to enforce a term of a Memorandum of Understanding (“MOU”), entered into by the County of Inyo, the City of Los Angeles Department of Water and Power (“City” or “LADWP”), the Sierra Club, the Owens Valley Committee, the California Department of Fish and Game, the State Lands Commission, and Carla Scheidlinger, requiring the City to prepare a draft environmental impact report (“EIR”) for the Lower Owens River Project (“LORP”) by June 13, 2000. The City, without proper cause, has failed to complete the draft EIR, despite an agreement of the parties to extend the time for completion of the draft EIR through October 26, 2001. The City has breached of its obligation under the MOU, and has requested yet another extension of time through February 18, 2002, which the other signatories of the MOU have not consented to. This suit seeks an order from the Court requiring the City to comply with its obligations under the MOU to prepare and circulate a draft EIR, and declaring that the City, without just reason, and for reasons that are not beyond its control, is in breach of its MOU obligation.

--To view the full text of the complaint, see "Suit on failure to prepare LORP EIR" under Issues.--


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