Center for Biological Diversity v. Marina Point Development Associates

OPINION AND ORDER FOLLOWING COURT TRIAL

I. Introduction

The Center for Biological Diversity [“the Center”] and the Friends of Fawnskin [“the FOF”] [together, “the Plaintiffs”] commenced this suit to enjoin the development of a residential condominium project on the shoreline of Big Bear Lake, California [“the Project”]. The Center is a nonprofit public interest conservation organization that works to protect native species and their habitats through science, policy, and environmental law. The FOF is a coalition of local residents of and visitors to Fawnskin that aims to preserve the town’s character, environment, and wildlife. The Defendants are the real estate partnership and principals responsible for developing the Project.

The Plaintiffs sued under the Clean Water Act [“CWA”] §§ 301 and 404, 33 U.S.C. §§ 1311 & 1344, and the Endangered Species Act [“ESA”] § 9, 16 U.S.C. § 1538 . At an extensive court trial, they produced overwhelming evidence of the Defendants’ repeated breach of and disregard for their obligations under the law. After considering all the evidence, this Court grants the Plaintiffs a permanent injunction against further development of the Project. The Court…