City, non-profits file appeal in Dutra suit

The coalition legally contesting the proposed Dutra asphalt plant took its latest step on Friday when it filed an appeal of the lawsuit that a Sonoma County judge dismissed in December.

"We are looking forward to our claims being heard at the California Court

of Appeals, in San Francisco," wrote longtime Dutra opponent and former city councilmember David Keller in an announcement on Friday.

The step comes on the heels of City Council's recent decision to join the appeal.

The coalition, which includes the city of Petaluma, non-profit groups and individuals, filed a lawsuit against the county and Dutra to stop the plant in early 2011, after it was approved by the Sonoma County Board of Supervisors in late 2010.

The plant would be across the Petaluma River from the popular Shollenberger Park, and opponents have long argued that the environmental impacts of the plant were never fully considered. A Sonoma County judge dismissed the suit in December 2011, and the non-profits quickly vowed to appeal the decision.

Eyes then were on the city council as it considered whether or not the appeal could be successful and if Petaluma could afford to join the fight. At a packed city council meeting, two non-profits offered the city $5,000 each to help defray costs, and the council decided by a 6-1 vote to join the appeal.

Meanwhile, the Dutra Group made clear its intention to move forward with developing the plant despite the appeal and has said it plans to began seeking the many approvals still required to break ground.

But Keller emphasized that the coalition plans to do all it can to prevent grading or construction at the Haystack Landing site, opposing approvals whenever necessary.

"A core group is keeping an eye on permits, processes, and hearings," he said. "We want the agencies and departments (issuing the permits) to be well aware of problems with site."

Spokesperson Aimi Dutra responded in an email that, despite any attempts by the opposition to delay it, "Dutra will expeditiously proceed through the appropriate project approval process."

Dutra opponents haven't yet shared the specific claims in the appeal, but say they will do so soon.

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