Court Says Wilson Violated State Laws

A San Francisco Superior Court judge has ruled that Gov. Pete Wilson violated two state laws after last winter’s floods by exempting disaster prevention and recovery from state requirements protecting endangered species.

Judge William Cahill’s decision is a victory for 13 environmental groups that sued Wilson in June to overturn the administration’s policy, which suspends protection of rare animals and plants through 2000 for emergency-related construction and other activities.

“It was really an outrageous permit from the onset,” said Joel Reynolds, senior attorney in Los Angeles with the Natural Resources Defense Council. “Gov. Wilson went far beyond his authority and used the floods to pursue an anti-environmental agenda. What he was trying to do was suspend the [Endangered Species] Act for five years.”

The governor Thursday said he will “continue to actively pursue every possible measure” to help homeowners, businesses and farmers prevent damage or restore property.

“I am extremely disappointed to learn that Judge Cahill has invalidated our common sense attempt to ease the restrictions of the California Endangered Species Act in time of impending disaster,” Wilson said.

The governor has the authority to waive environmental laws during emergencies. But the new policy attempted to go much further, exempting activities that could prevent a flood, fire, earthquake or other emergency, or rebuild damaged areas.

Critics said Wilson’s order could be interpreted so broadly as to allow building of dams, rerouting of streams and plowing of vegetation inhabited by rare animals without the usual reviews and safeguards of the California Endangered Species Act and the California Environmental Quality Act.

In San Francisco, Cahill decided that the governor and state Department of Fish and Game violated both laws.

The governor announced his policy after severe floods ravaged Northern California a year ago. It came amid concerns that an endangered type of salamander in the Pajaro River near Monterey might have delayed levee repairs that would have reduced damage to farms and homes. Although it turned out that the salamander did not inhabit that area and no work had been held up, the administration issued the new policy in March for all emergencies.

Charles Raysbrook, a top Fish and Game official, called it “a sound, practical way to address the threat and reality of natural disasters.”

State officials said they were trying to ensure that cleanup of clogged channels and other steps that protect property and public safety or repair damage can be undertaken without delay. The administration can file an appeal in an effort to reinstate the policy.

Environmentalists said the favorable court decision will not block the state from providing emergency relief.

“The groups that filed this suit stand ready to support all legitimate efforts to protect the victims of . . . natural disasters,” said Victor Sher, president of the Sierra Club Legal Defense Fund. “But there was never any reason to try to cut the heart out of the Endangered Species Act like Wilson tried to do.”

State officials said they do not know how often or where the waiver has been used.