February 13, 2015 News Release

 

For Immediate Release: Contact: Susan Brandt-Hawley

Friday, February 13, 2015 susanbh@preservationlawyers.com

NEWS RELEASE

JUDGE RULES 8 WASHINGTON PROJECT ENVIRONMENTAL APPROVALS WERE FLAWED IN 2012, THE PROJECT OPPOSED BY SF VOTERS CANNOT PROCEED

SF Superior Court Judge A. James Robertson II has ruled that all approvals of the controversial 8 Washington waterfront luxury condo project must be set aside because the environmental impact report was inadequate.

In ruling released to the public today, San Francisco Superior Judge A. James Robertson II ruled that the City and Port abused their discretion in approving the controversial 8 Washington luxury condo project proposed for the City’s waterfront in 2012, and has ordered all project approvals to be rescinded because the environmental analysis was inadequate. Judge Robertson agreed with a legal challenge brought by a coalition of citizen groups including Neighbors to Preserve the Waterfront, Friends of Golden Gateway (FOGG), and San Franciscans for Reasonable Growth. A legal petition brought by the Ferry Building Investors challenging the EIR was granted on the same grounds.

Judge Robertson ruled that the city’s certification of the 8 Washington EIR in 2012 unlawfully relied on outdated traffic data from 2007.

San Francisco voters already rejected 8 Washington by a two-thirds margin at the ballot box in 2013 via Prop C. But 8 Washington developer Pacific Waterfront Partners argued that it still had environmental approvals from the city and intended to move forward anyway with a revised project at reduced heights. No revised application has been filed 15 months later. Now Judge Robertson’s decision requires the City to set aside all of the remaining project approvals, including the certification of the 2012 EIR.

“The court’s ruling should be welcomed by San Francisco voters who resoundingly voted that the 8 Washington luxury condo project is fundamentally flawed and does not belong on San Francisco’s unique waterfront,” said former San Francisco City Attorney Louise Renne.

“Now it’s time for the San Francisco Port Commission to make a clean break from this failed project and take a fresh look at the best way to allow everyone to enjoy this prime part of San Francisco’s waterfront,” said Lee Radner with FOGG.