To block homeless shelter San Francisco residents are suing on environmental grounds

A group of San Francisco residents filed a lawsuit Wednesday to block construction of a 200-bed temporary homeless shelter, another instance of the state’s environmental laws being used to derail such projects.

The coalition, Safe Embarcadero for All, had been threatening for months to bring the case as the planned homeless shelter, proposed for a parking lot on the Embarcadero, wound its way through the approval process. They raised at least $100,000 and organized robust protests at city meetings since Mayor London Breed first proposed it in March.

The San Francisco Port Commission approved the project in April, and the city will have a twoyear lease on the site and pay about $37,000.

Attorneys for the group – Safe Embarcadero for All – filed the case in Sacramento Superior Court. They argue that the city didn’t gain approval for the project from the State Lands Commission, which has oversight over waterfront development, and is the lead defendant. A spokesperson for the commission declined to comment, citing pending litigation.

The site is near the Ferry Building and where the San Francisco Giants stadium is located.

“There’s no question that there is a big problem in the city,” said Peter Prows, one of the attorneys on the case. “But the homelessness problem has to be solved in compliance with the law and that’s what the city is not doing here.” Attorneys for the Embarcadero neighbors also ask that construction on the project be halted until the case has been adjudicated. Prows said a judge could hear their petition for an injunction as early as this week.

Opponents of the proposed shelter are also arguing the project didn’t go through a full environmental review process. The California Environmental Quality Act, or CEQA, requires developers to show the environmental effects a project might have and take steps to reduce them.

The city and county argued that the project was exempt from CEQA. Attorneys and opponents of the project say that more homeless people will impact the environment.

“This project will have a significant effect on the environment due to these unusual circumstances, including by attracting additional homeless persons, open drug and alcohol use, crime, daily emergency calls, public urination and defecation and other nuisances,” the lawsuit states.

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