The Tahoe Regional Planning Agency is between a rock and a hard place. The Regional Plan Update due in 2007 was overdue. The State of Nevada was threatening to withdraw from the bi-state compact which governs land use in the Lake Tahoe Region. And now, having adopted an updated plan, TRPA is being sued by the Sierra Club and Friends of the West Shore.
The bi-state compact was adopted by the States of California and Nevada, ratified by Congress and signed by the President of the United States in 1969. The Tahoe Regional Planning Agency was created and the first plan was adopted in 1987. Since the formation of the agency, it has been surrounded by controversy. Real estate groups, development groups and property rights groups have filed lawsuits against the TRPA for allegedly depriving them of opportunities to make the best economic use of property. In contrast, environmental groups have filed lawsuits to promote greater protections for the sensitive lake environment.
In this context, TRPA conducted extensive public participation efforts in an attempt to include all stakeholders in the conversation and, hopefully, to reach a consensus on the plan update. Interests on both sides of the debate, cities, states, real estate interests, and commercial and environmental groups, joined together to give input on this important topic. Representatives recognized that not getting everything you want or having it all your own way is a critical factor in building a consensus. The Governing Board approved the Regional Plan Update in December.
In June Judge John A. Mendez made a partial ruling in this case against the plaintiffs, Sierra Club and Friends of the West Shore, that the Plan does not violate California law by allowing local jurisdictions to have more authority. Also, plaintiffs will bear the cost of litigation, not taxpayers. We are still waiting for the final ruling.
Much has been written about the Regional Plan Update. As much as I would like to give you the “facts,” it is difficult to determine what is fact and what is rhetoric. A plethora of articles covering this topic can be found on the websites below. The Updated Regional Plan may be viewed at the Tahoe Regional Planning Agency website.
• Law 360 December 2, 2013
• Tahoe Daily Tribune November 29, 2013
• Tahoe Regional Planning Agency October 31, 2013
• Tahoe Daily Tribune October 30, 2013
• Watchdog Wire August 26, 2013
• Legal Planet
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