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Rams stadium construction blocked in court
NickM
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in Sports Talk
From the Wall Street Journal site (behind the paywall, so I can't link)
Endangered Species Act Blocks Inglewood Stadium
Los Angeles, CA
A United States District Court today granted a temporary restraining order against any construction, demolition, excavation, land clearance, or other activity which may affect the habitat for recently discovered endangered butterflies found on the site previously approved for construction of a football stadium for the Los Angeles Rams and for other projects.
The butterflies, commonly known as Alameda Monarchs (scientific name Papilio aldavisii), had been believed extinct, as no sightings had been made in over a decade, and had never been reported in the Inglewood area until a backhoe operator found one two weeks ago. According to the allegations of the complaint, he was unaware of the endangered nature of the butterfly and caught it in a glass jar because "it was pretty". He gave the butterfly to his seven year-old daughter, who took it to school the next day and showed her teacher, who contacted the Los Angeles County Natural History Museum. Museum entomologists identified the silver-and-black butterfly as an Alameda Monarch and sent a team to the site to look for more specimens. They observed three living adult Alameda Monarchs flying in the area that was formerly the infield of the Hollywood Park racetrack and is now slated to be the field at the City of Champions Stadium.
After the discovery was publicized, a local environmental protection organization known as Friends of Tiny Life filed suit in the U.S. District Court for the Central District of California, alleging that the Alameda Monarch butterflies were an endangered species and that the stadium site was their only known remaining habitat, such that continued development of the site would adversely affect a protected species, possibly resulting in their extinction.
The restraining order granted today does not finally determine the matter. The order, by its terms, lasts for 21 days, and the District Court will hold a hearing in three weeks on a preliminary injunction. Endangered Species Act legal experts said that the Kroenke/Stockbridge Capital group, which owns the site, could take the temporary restraining order up to the Ninth Circuit Court of Appeals immediately, but that such an effort would not be likely to succeed, as the order would be upheld unless found to be an abuse of discretion by the District Court. If a preliminary injunction is granted later this month, it would be in effect until a final trial would be held on the matter. Based upon the time involved in other Endangered Species Act cases, that trial would not likely happen until 2020 at the earliest, and at such time the court could enter an order permanently enjoining development of the site.
Plaintiff's attorney, Mr. William Brown, name partner at Davidson Branch Upshaw & Brown, told the Journal, "We understand that many people want to see this project go forward. But the law protects even the smallest of God's creatures. We thought these butterflies were gone forever. We have been given a second chance, and must save them."
The Alameda Monarch differs from other Monarch butterflies in its coloration, with silver on the wings rather than orange. The butterflies were formerly widespread in the San Francisco Bay region, but predation by the Callahan's toad, which is also an endangered species, was believed to have caused their demise. Unconfirmed reports had been made of their presence in other parts of California and even in other states, but none had actually been confirmed as seen since 2003.
The decision does not block the Rams from moving from St. Louis to Los Angeles. The Rams have a lease to play in the Los Angeles Coliseum until the 2019 season, as the stadium was not planned to be complete until then. Representatives of the NFL had no comment on how this matter would affect the Rams' status in Los Angeles or the potential move of the San Diego Chargers to the same stadium.
Existing operations of the adjacent Hollywood Park Casino and Hotel will not be affected by the restraining order, and attorneys for the casino and hotel vouched to the court that their clients would not undertake any exterior construction or demolition activity.
In addition to the 80,000 seat capacity stadium, the development project planned for 8.5 million square feet of office space, theaters, and a television studio, with additional space being prepared for uses including retail, offices, residences, and hotels. All of these projects are subject to the court order.
Attorneys for the Los Angeles Rams and the Kroenke/Stonebridge Capital group commented only that they were considering how to proceed. Representatives of the City of Inglewood had no comment.
All decisions of the District Court can be appealed to the Ninth Circuit Court of Appeals. This court has been noted for its friendliness to environmental plaintiffs. Their decisions can be appealed to the United States Supreme Court, but legal experts say that Supreme Court review is unlikely. The district judge in the matter, the Honorable Douglas A. Prilfool, was appointed to the bench by President George W. Bush in 2005 after having previously served as an Assistant U.S. Attorney in the Central District of California and then as a United States Magistrate Judge for the Central District of California.
Endangered Species Act Blocks Inglewood Stadium
Los Angeles, CA
A United States District Court today granted a temporary restraining order against any construction, demolition, excavation, land clearance, or other activity which may affect the habitat for recently discovered endangered butterflies found on the site previously approved for construction of a football stadium for the Los Angeles Rams and for other projects.
The butterflies, commonly known as Alameda Monarchs (scientific name Papilio aldavisii), had been believed extinct, as no sightings had been made in over a decade, and had never been reported in the Inglewood area until a backhoe operator found one two weeks ago. According to the allegations of the complaint, he was unaware of the endangered nature of the butterfly and caught it in a glass jar because "it was pretty". He gave the butterfly to his seven year-old daughter, who took it to school the next day and showed her teacher, who contacted the Los Angeles County Natural History Museum. Museum entomologists identified the silver-and-black butterfly as an Alameda Monarch and sent a team to the site to look for more specimens. They observed three living adult Alameda Monarchs flying in the area that was formerly the infield of the Hollywood Park racetrack and is now slated to be the field at the City of Champions Stadium.
After the discovery was publicized, a local environmental protection organization known as Friends of Tiny Life filed suit in the U.S. District Court for the Central District of California, alleging that the Alameda Monarch butterflies were an endangered species and that the stadium site was their only known remaining habitat, such that continued development of the site would adversely affect a protected species, possibly resulting in their extinction.
The restraining order granted today does not finally determine the matter. The order, by its terms, lasts for 21 days, and the District Court will hold a hearing in three weeks on a preliminary injunction. Endangered Species Act legal experts said that the Kroenke/Stockbridge Capital group, which owns the site, could take the temporary restraining order up to the Ninth Circuit Court of Appeals immediately, but that such an effort would not be likely to succeed, as the order would be upheld unless found to be an abuse of discretion by the District Court. If a preliminary injunction is granted later this month, it would be in effect until a final trial would be held on the matter. Based upon the time involved in other Endangered Species Act cases, that trial would not likely happen until 2020 at the earliest, and at such time the court could enter an order permanently enjoining development of the site.
Plaintiff's attorney, Mr. William Brown, name partner at Davidson Branch Upshaw & Brown, told the Journal, "We understand that many people want to see this project go forward. But the law protects even the smallest of God's creatures. We thought these butterflies were gone forever. We have been given a second chance, and must save them."
The Alameda Monarch differs from other Monarch butterflies in its coloration, with silver on the wings rather than orange. The butterflies were formerly widespread in the San Francisco Bay region, but predation by the Callahan's toad, which is also an endangered species, was believed to have caused their demise. Unconfirmed reports had been made of their presence in other parts of California and even in other states, but none had actually been confirmed as seen since 2003.
The decision does not block the Rams from moving from St. Louis to Los Angeles. The Rams have a lease to play in the Los Angeles Coliseum until the 2019 season, as the stadium was not planned to be complete until then. Representatives of the NFL had no comment on how this matter would affect the Rams' status in Los Angeles or the potential move of the San Diego Chargers to the same stadium.
Existing operations of the adjacent Hollywood Park Casino and Hotel will not be affected by the restraining order, and attorneys for the casino and hotel vouched to the court that their clients would not undertake any exterior construction or demolition activity.
In addition to the 80,000 seat capacity stadium, the development project planned for 8.5 million square feet of office space, theaters, and a television studio, with additional space being prepared for uses including retail, offices, residences, and hotels. All of these projects are subject to the court order.
Attorneys for the Los Angeles Rams and the Kroenke/Stonebridge Capital group commented only that they were considering how to proceed. Representatives of the City of Inglewood had no comment.
All decisions of the District Court can be appealed to the Ninth Circuit Court of Appeals. This court has been noted for its friendliness to environmental plaintiffs. Their decisions can be appealed to the United States Supreme Court, but legal experts say that Supreme Court review is unlikely. The district judge in the matter, the Honorable Douglas A. Prilfool, was appointed to the bench by President George W. Bush in 2005 after having previously served as an Assistant U.S. Attorney in the Central District of California and then as a United States Magistrate Judge for the Central District of California.
Reap the whirlwind.
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mark
Fellas, leave the tight pants to the ladies. If I can count the coins in your pockets you better use them to call a tailor. Stay thirsty my friends......
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Steve
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Ralph
If this were true, there would be something about it on the LA Times website. Since there isn't.................................................................
Steve
The Times often overlooks the decisions of Judge Douglas A. Prilfool.
Reap the whirlwind.
Need to buy something for the wife or girlfriend? Check out Vintage Designer Clothing.
If this were true, there would be something about it on the LA Times website. Since there isn't.................................................................
Steve
The Times often overlooks the decisions of Judge Douglas A. Prilfool.
Honestly, I didn't even read the story you posted. I treat everything I read on April 1st with great scepticism. When I saw the subject line of your post, I immediately went to the LA Times website to verify it. When nothing about the Rams even appeared, I knew it was an April Fools joke.
I know.....I'm a killjoy
Steve
Lafayette Grading Set