The environmental group Citizens Committee to Complete the Refuge (CCCR) is suing the city of Newark over its approval of the Environmental Impact Report (EIR) for the Mowry Village Project.
The lawsuit claims that Newark failed to address all the environmental impacts of the project. This includes assessing the project’s impacts on wildlife habitats and potential flooding.
The housing project and EIR were approved on Dec. 11, with Vice Mayor Eve Little opposing the project because of flood concerns. Three sides of the 226-unit housing project are surrounded by creeks and wetlands. It would include 30 affordable housing units.
The proposed site will be built at the existing auto scrap yard Pick N’ Pull after a remediation process. The planning division said the area will be rezoned from park to residential use.
Newark Mayor Michael Hannon said the Mowry Village Project developer is working with outside counsel to respond to allegations in the lawsuit.
“The city has done its due diligence in terms of having an outside agent complete the environmental impact report,” said Hannon. “It’s not as if the city on its own did the environmental review, we actually hired an outside organization.”
Co-chair of CCCR Carin High said there are threats to federally endangered species, especially the Salt Marsh Harvest Mouse. She said they live in tidal wetlands, which exist next to the project site.
The organization wants to preserve the tidal wetlands, not only for the safety of wildlife but also because there are environmental benefits to tidal marshes. “Tidal wetlands are recognised globally across the world as one of the most important habitats in this era we’re living in—of climate change—because they can store tremendous amounts of carbon,” said High.
EIR does recognize the need for potential flood protection, but did not analyze the entirety of the impacts. “There are other places to locate housing where you’re not going to have the risk of even temporary flood inundation,” said High, “and eventually maybe permanent flood inundation.”
She said even temporary floods are in need of cleanup and restoration. “But that comes at a cost,” said High. “Is that a cost you want people or businesses to be subject to? Or is it better to locate housing in areas where this isn’t an issue?”
Hannon said there are mitigation measures in place for potential floods. “All environmental impacts that needed to be addressed in terms of raising the level of the development to ensure that the area is not subject to flooding has been addressed and will be addressed when the development gets built.”
The final EIR said there are plans to raise the ground where the development will be to allow for stormwater runoff. Mowry Avenue would be raised “slightly” to allow for the construction of lanes, bike paths and stormwater treatment.
