The Pellucid Perspective - April 2015 - (Page 9)

EnvironmEnTal lEgislaTion Environmentalist bid to close historic course rejected By Jim Dunlap www.PellucidCorp.com The Pellucid PersPecTive Vicki Moore PhotograPhy T he four-year legal campaign by a group of environmental cated approximately 10 miles south of San Francisco in Pacifica activists to close San Francisco's historic Sharp Park Golf is a bastion of affordability among the typically more pricey Bay Course came to a close on March 25 when a unanimous Area clubs and courses. vote by a three-judge appellate court panel dismissed the appeal It is also noteworthy that the law firm of Morrison-Foerster, of an earlier ruling in favor of the 83-year old municipal course. one of the country's largest firms, teamed with the Public Golf The suit, filed by the Wild Equity Institute, the Center for Bio- Alliance to fight the closure attempt on a pro bono basis. The logical Diversity, Sierra Club and other groups, had sought the firm, known as MoFo in the legal community, may also have closure of the Alister MacKenzie-designed landmark course, earned that sobriquet for their successful efforts in private disclaiming that its operation and maintenance practices were cussions among the attorneys and leaders of the environmentalharming the populations of two endangered species, the Cali- ist plaintiffs, albeit in a much less printable context. fornia red-legged frog and the San Francisco garter snake. The ruling may not have set a definitive precedent for other The appeal, filed in the Ninth Circuit Court of Appeals, upheld an earsharp Park golf Course lier ruling in late 2012 that the suit Pacifica, Calif. was "moot" in view of a Biological Opinion and Incidental Take Statement issued by the U.S. Fish and Wildlife Service two months earlier. The agency, which has jurisdiction over fish and wildlife species covered by the Federal Endangered Species Act, had imposed a number of restrictions and conditions on Sharp Park's operations which could conceivably impact the two species, but allowed a minimal "take" of the frogs and snakes in the course of those operations as long as the conditions imposed were followed. The environmental proponents had alleged, among other things, that golf course design and resulting drainage prob- golf courses who may face challenges based on the Endangered lems and golf course mowing practices were killing an inordi- Species Act. One of, if not THE key to the courts' findings in nate number of frogs and snakes and mitigating their breeding favor of Sharp Park was that the Fish & Wildlife review of the practices. Course advocates had responded with surveys which situation concluded that there were precautions and operational indicated that, if anything, the snake and frog populations had changes that the course and the City of San Francisco could increased, or in some cases additional habitat for them had been undertake which would result in a minimal number of threats to provided by the existence of the course as opposed to other uses the endangered species in question. Had that agency felt otheror forms of development. wise, it's likely that the city, the local golfing community and the The appeals court ruling apparently brings an end to the ef- litigators at Morrison-Foerster would have faced a considerably fort to close the historic MacKenzie design and a victory for a tougher battle. spirited defense of the course by a group of golfers and their On the other hand, it was encouraging to golfers and course advocates who are members of the San Francisco Public Golf operators that there appeared to be some legal sympathy for the Alliance, a non-profit coalition of local golfers whose mission is character, history and traditional mission to provide accessible the preservation of affordable golf in the greater San Francisco and affordable recreation to all segments of the public at Sharp area. Sharp Park was an obvious beneficiary of those aims, given Park. Unlike some other forms of land use and development, it both its historic significance as a MacKenzie public course de- seems logical that if proper study is applied to a potential threat sign and its popularity among working class San Franciscans. to wildlife on the course, golf and nature should be able to con Known as "the poor man's Pebble Beach," the coastal course lo- exist just fine. 9 http://www.sanmateorealestateblog.com/ http://www.PellucidcorP.com

Table of Contents for the Digital Edition of The Pellucid Perspective - April 2015

TOC
Equity clubs increasingly open to change
Digital Caddies customers lose free web connectivity
2015 weather bodes well for industry so far
Environmentalist bid to close historic course rejected
Confessions of a social media Neanderthal
March golf weather impact: Up strongly nationally, regional results vary
Rise of Phoenix needs fall of supply
ClubCorp continues to grow with 6-course portfolio purchase for $44M
Fantasy sports in more ways than one

The Pellucid Perspective - April 2015