May 14, 2004

Please write a brief letter to the editor of the Fremont Argus or the Hayward Daily Review.

Both papers published stories today on the court injunction won by the Center for Biological Diversity (CBD) and the Hayward Area Planning Department (HAPA) to stop grading at the Blue Rock Country Club project on Walpert Ridge east of Hayward. The developer is attempting to falsely pit protecting endangered species against construction of an elementary school.

Walpert Ridge is an incredibly important area for two local endangered species, the Alameda whipsnake and the California red-legged frog. In addition to 614 expensive luxury homes, the developer is attempting to put an 18 hole golf course through the heart of some of the best whipsnake habitat remaining and in an area with 17 known breeding ponds for red-legged frogs.

The CBD and HAPA have been trying to get the golf course, the most destructive part of the project, dropped from the development proposal. Now the developer is falsely claiming that environmentalists are trying to prevent the building of a school that the developer promised the City of Hayward to sweeten the deal. CBD and HAPA have never opposed the school, and in fact are filing court motions to attempt to allow the school and housing elements of the project to go forward while our appeal of the issues over the golf course has its day in court. It is in fact the greed and ego of the developer that is holding the school construction hostage so they can push through their luxury golf course project.

Please write a letter to the editor. Links to the Argus and Daily Review stories are below as is the CBD/HAPA press release.

Hayward Daily Review story:
http://www.dailyreviewonline.com/Stories/0,1413,88~10973~2148061,00.html#

You can write an e-mail letter to the editor of the Daily Review by going to:
http://www.dailyreviewonline.com/Stories/0,1413,88%257E11012%257E,00.html

Fremont Argus story:
http://www.theargusonline.com/Stories/0,1413,83~1971~2148035,00.html#

You can write an e-mail letter to the editor of the Argus by going to:
http://www.theargusonline.com/Stories/0,1413,83%257E2009%257E,00.html

CBD and HAPA press release:

COURT ENJOINS BLUE ROCK COUNTRY CLUB DEVELOPMENT

For Immediate Release: May 13, 2004

Contact: Sherman Lewis, HAPA (510) 538-3692

Greg Loarie, Earthjustice 510-550-6725
Jeff Miller, CBE (510) 663-0616 x3 and cell (510) 499-9185

San Francisco, CA – A judicial panel of the Ninth Circuit Court of Appeals today temporarily enjoined the grading of land for a golf course development known as the Blue Rock Country Club east of the City of Hayward, CA, on Walpert Ridge. The court agreed that the development’s proposed golf course may imperil endangered species and has scheduled oral arguments in the case.

The housing aspect of the project includes 614 luxury homes proposed to be constructed over a 356-acre area. But what conservation groups opposed was a golf course sprawling nearly ¾ of a mile across Walpert Ridge, in prime open space and habitat for the imperiled Alameda whipsnake and the California red legged frog. On November 14, 2000, Earthjustice filed suit challenging the US Fish and Wildlife Service's failure to provide legally mandated protections for the Alameda whipsnake and the California red-legged frog in its original assessment of the Blue Rock project.

The proposed sprawling “championship” golf course would destroy and fragment the existing oak woodland, grassland, and coastal scrub ecosystem on Walpert Ridge in the city of Hayward. Development on Walpert Ridge could spell doom for the whipsnake and the red-legged frog in the region.

“The miracle of Walpert Ridge is its survival as a large, near-intact ecosystem so close to the urbanization of the East Bay. Most people don't know it's there,” said Sherman Lewis, chair of the Hayward Area Planning Association. “We are asking the court for a balanced solution that allows the housing and school components of the development to go forward while deciding other issues.”

Conservation groups have never objected to the developer’s plans to build housing and a school on the north end of Walpert Ridge. However, they are concerned that the Fish & Wildlife Service’s own biologists believed the golf course would jeopardize the continued existence of the threatened Alameda whipsnake and California red-legged frog. The groups sent a letter to the developers re-iterating their agreement that the school and housing aspects of the plan should go forward.

“We support the housing and school aspects of this project. What remains an issue is a badly planned golf course that will destroy unique habitat,” said Jeff Miller from the Center for Biological Diversity. “Where these imperiled California native species survive, we should make every effort to protect their habitat.”

“The adjacent Bailey Ranch project proves housing can be successfully built and profitably sold in Hayward without requiring an 18 hole golf course attached to it,” said Greg Loarie, an attorney for Earthjustice who is representing the coalition. “We are hopeful that with this positive ruling from the Court of Appeals that an amicable resolution of this issue can be reached.”

Read the injunction here: http://www.earthjustice.org/news/documents/5-04/bluerockorder.pdf
Read the letter offering settlement here: http://www.earthjustice.org/news/documents/5-04/Atkinsletter.pdf