Legal Challenge to Dutra Asphalt Factory ScheduledTuesday Jan. 14, 2014

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Legal Challenge to Dutra Asphalt Factory Scheduled

Tuesday Jan. 14, 2014

(time to be announced)

1st District Court of Appeal

350 McAllister Street

San Francisco, CA 94102

A one half -hour hearing:

Each side is allotted 15 min.

Three Judge Panel: Our panel is Ruvolo, P.J., Reardon, J., and Humes.

The First District California Court of appeals will hear oral arguments for clarification of specific points raised in the case and the appeal. The panel of judges has up to 90 days to issue its written decision (mid April, 2014). The decision requires only a majority.

This is a case challenging the project under the California Environmental Quality Act law (CEQA). We are challenging Sonoma County’s failure to comply with CEQA in its approval of Dutra’s asphalt factory project (Dec. 2010).

Our community coalition of plaintiffs:

Friends of Shollenberger, Moms for Clean Air, Petaluma River Council, Madrone Audubon, Petaluma Tomorrow, and The City of Petaluma. The stellar legal team of Richard Drury and Michael Lozeau represents us.

The City of Petaluma is represented by their own attorney. Friends of Shollenberger (FOS) and Moms for Clean Air (MOMS)pledged $10,000 ($5000 paid by MOMS, $2500 paid so far by FOS) to help the City pay its legal fees for the appeal.

What outcome do we anticipate?

We feel very strongly that our case has merit and we are hopeful that the court will reverse the wrong-headed decision made by Judge Chouteau of Sonoma Co. Superior court in Dec. 2011. See link for appeal briefs.

WHY Challenge and WHY the Appeal?

“Wrong Plant Wrong Place”

We are appealing to protect our beloved Shollenberger Park from significant damage. It is the City’s most popular park and an outstanding natural asset for all of Sonoma County.

Existing asphalt production capacity in Marin and Sonoma is sufficient.

Dutra’s proposed plant is unnecessary.


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