March 12, 2013

CEQA taxes competition: business forces competitor to waste 18 months and $500,000

By Jonathan Wood Attorney

Previously, we recounted the abusive use of CEQA by a gas station owner to protect himself from a competing station.  Amir Shirazi, the owner of Moe’s, wanted to install additional pumps at his existing station.  The city of San Jose found that the additional pumps would have no significant effects on the environment.  The owner of a competing station sued the city under CEQA for approving the additional pumps.  California Forward is reporting that the controversy is over, and that Mr. Shirazi will be able to install his pumps, just as the city said that he could more than 18 months ago.

[youtube]  http://www.youtube.com/watch?feature=player_embedded&v=yyQiC-FwDzo [/youtube]

The 18 month delay and $500,000 of additional expense were pure waste.  But, of course, CEQA litigation abuse is a “myth.”

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