The California Environmental Quality Act of 1970 (CEQA, pronounced "see-kwa") says that a development project should not be approved if it would result in significant environmental impact if there are alternatives or feasible mitigation efforts.

We filed suit under CEQA, citing the project's environmental problems, and initially won. But we lost on appeal.

In cases where such significant environmental impacts cannot be avoided or mitigated, CEQA requires the lead agency (here the County) to cite in writing the "overriding considerations" that justify the environmental impacts.

In this document (item 8 on page 6), the County included these economic considerations in its rationale for ignoring the significant environmental impacts of Harbor Village:

• Nearly $1,000,000 per year in hotel and sales taxes.
• Between 130 and 160 jobs, with direct payroll of over $3,500,000 per year.
• Over $240,000 per year in increased property taxes.

These "overriding considerations" are key to the Court's approval of the project. Thus, we believe that the County is bound by the Court and by CEQA to enforce the "all or nothing" provisions of the development agreement -- there is, we think, no legal justification for a partial project, the current state of construction notwithstanding.