Dublin's Open Space Victory: Judge Hands Down Win for Environmental Activists
In a recent decision, an Alameda County Superior Court judge has solidified a win for environmental activists who sued the city of Dublin over a ballot measure that could have paved the way for commercial development in protected open space. The ruling comes after over 53% of Dublin voters approved Measure II in November 2024, which would have allowed the city to decide on potential development in the Doolan and Collier canyons.
The city's attorneys had argued that an environmental review was not necessary, citing the California Environmental Quality Act (CEQA) as a barrier. However, Judge Michael Markman rejected this argument, stating that the city's actions "indisputably did not change the existing physical conditions of the environment and...did not change the 'planned future conditions' discussed in any plan."
Markman's decision effectively puts Measure II back on track, requiring the city to conduct a further environmental study before making any decisions about development. Environmental activists, including those from Save Mount Diablo and Friends of Livermore, have been vocal in their opposition to the measure, arguing that it would compromise the protection of 3,282 acres of open space.
The ruling is seen as a major victory for the environmental community, with one activist describing it as "huge holiday cheer." The decision also sends a message that city officials and lawmakers cannot simply skirt environmental regulations without facing consequences. As Seth Adams, director of Save Mount Diablo, noted, "You've got to stand up to bullies...Dublin has been a bully in this situation."
The ruling comes after over a year and a half of litigation, and while the city may choose to appeal the decision, it is likely that any appeal would be lengthy and costly. As Adams pointed out, the decision was "very quick, as far as courts are concerned," given the complexity of the case.
Ultimately, the ruling restores balance between urban development and environmental protection, ensuring that Dublin's open spaces remain a vital part of the city's character and identity.
In a recent decision, an Alameda County Superior Court judge has solidified a win for environmental activists who sued the city of Dublin over a ballot measure that could have paved the way for commercial development in protected open space. The ruling comes after over 53% of Dublin voters approved Measure II in November 2024, which would have allowed the city to decide on potential development in the Doolan and Collier canyons.
The city's attorneys had argued that an environmental review was not necessary, citing the California Environmental Quality Act (CEQA) as a barrier. However, Judge Michael Markman rejected this argument, stating that the city's actions "indisputably did not change the existing physical conditions of the environment and...did not change the 'planned future conditions' discussed in any plan."
Markman's decision effectively puts Measure II back on track, requiring the city to conduct a further environmental study before making any decisions about development. Environmental activists, including those from Save Mount Diablo and Friends of Livermore, have been vocal in their opposition to the measure, arguing that it would compromise the protection of 3,282 acres of open space.
The ruling is seen as a major victory for the environmental community, with one activist describing it as "huge holiday cheer." The decision also sends a message that city officials and lawmakers cannot simply skirt environmental regulations without facing consequences. As Seth Adams, director of Save Mount Diablo, noted, "You've got to stand up to bullies...Dublin has been a bully in this situation."
The ruling comes after over a year and a half of litigation, and while the city may choose to appeal the decision, it is likely that any appeal would be lengthy and costly. As Adams pointed out, the decision was "very quick, as far as courts are concerned," given the complexity of the case.
Ultimately, the ruling restores balance between urban development and environmental protection, ensuring that Dublin's open spaces remain a vital part of the city's character and identity.