Audubon California and partners take another step toward legal action over beach development near Monterey

Arguing that a proposed 40-acre development in prime Western Snowy Plover habitat presents too big a threat to the threatened bird, Audubon California today joined with other environmental groups to threaten legal action to stop the project unless proponents incorporate specific actions to protect the birds. The notice was filed by the Center for Biological Diversity, Sierra Club, National Audubon Society, and the Monterey Audubon Society.

The U.S. Fish and Wildlife Service has repeatedly criticized the development and argued that “take” — that is, the death or injury — of western snowy plovers will likely result from construction and use of the resort. The project has been working its way through the approval process since 1998.

“Enough is enough,” said Andrea Jones, director of bird conservation for Audubon California. “We are long past the time when putting a development on our sandy beaches and dunes makes any sense. Western Snowy Plovers are already listed under the Endangered Species Act because of habitat loss, and this project specifically takes away more habitat where the birds have been known to breed, forage, and spend the winter.”

Today’s legal notice warns that if the developer fails to follow the course laid out by the Fish and Wildlife Service and the California Coastal Commission — to prepare a “habitat conservation plan” in support of an application for an incidental-take permit — the developer will be subject to litigation under the Endangered Species Act for harming the rare and vanishing birds.

How you can help, right now