FOR IMMEDIATE RELEASE : Tuesday, November 17, 2009
City of Stockton, San Joaquin County and Greater Stockton Chamber of Commerce File Suit Against the State
(Stockton, CA) - - In an unprecedented move, the City of Stockton, San Joaquin County, and the Greater Stockton Chamber of Commerce today filed a joint lawsuit against the State of California, California State Department of Corrections (CDCR) and federal Receiver Jay Clark Kelso.
The complaint, filed in San Joaquin County Superior Court, cited two specific causes; 1) the state failed to follow state law in the preparation of its Environmental Impact Report (EIR) which denied local representatives fair process and, 2) the state failed to respond properly to the concerns and issues raised by the City, County and Chamber. Issues raised include over $105 million identified in one-time impacts, and over $25 million in annual costs caused by the proposed project. Areas impacted include sewer, water, police and fire services, roadways, and hospitals.
In approving the prison project, the Receiver and CDCR violated state land use and environmental laws by failing to adequately address the prison’s environmental impacts and failing to provide proper review, disclosure, and mitigation of the potential environmental impacts to the City and the County.
There are currently one adult and two juvenile facilities located and operating in San Joaquin County. With the possibility of three additional facilities, San Joaquin County would have the highest concentration of prison facilities in the state, housing more than 7,500 inmates. This number represents one percent of the total population of the County. In comparison, Los Angeles County with a population of 9.8 million, has one adult and one youth facility housing a total of 5,013 inmates - 4/100 of one percent of its total population.
Upon hearing about the intent of the City, County and Chamber, the state offered to participate in a Tolling Agreement, a legal avenue to put the litigation on hold while the parties attempt to negotiate a resolution to the dispute. City of Stockton, San Joaquin County, and the Greater Stockton Chamber of Commerce are committed to resolving the issues as quickly as possible but will pursue litigation should negotiations fail.
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