Federal judge rules against new piers and boat facilities at Lake Tahoe

In a decision that may affect future development plans at Lake Tahoe, a federal district court judge on Thursday overturned a plan to allow the addition of new piers, boat ramps, buoys and other boat facilities along the lake’s shoreline.

According to a news release issued by the League to Save Lake Tahoe, Judge Lawrence K. Karlton of the U.S. District Court in Sacramento ruled in favor of the League and the Sierra Club, sending the Tahoe Regional Planning Agency’s shorezone development plan back to the drawing board. The groups were represented by the non-profit law firm Earthjustice.

“The Court has clearly signaled that Tahoe’s regional planning agency can no longer ignore its duties to protect Lake Tahoe, which it has failed to do for decades. In fact, it has instead acquiesced to private developers, when Lake Tahoe belongs to everyone,” said Earthjustice attorney Wendy Park, according to the League's news release.

“We struggled for 22 years to find middle ground on the polarizing shorezone issue and we’re disappointed to be back where we started,” said Joanne S. Marchetta, TRPA executive director in a news release. “We worked diligently to implement new protections for Lake Tahoe and we hope to continue some elements of the shorezone policy such as our Blue Boating Program.”

It is unclear what the implications are for this aggressive clean boating program, according to Nicole Rinke, TRPA’s General Counsel. TRPA is reviewing the decision to determine the Agency’s next steps.

In November 2008, the groups filed suit against the Tahoe Regional Planning Agency to force an environmental review of the agency’s shoreline development plan that would have allowed for the building of 138 new piers, thousands of new buoys, and other boat facilities.

The League and the Sierra Club contended that construction and additional traffic would have imperiled water and air quality, and negatively affected non-motorized boaters and public shoreline access.

“The Lake won,” said Michael Donahoe, former conservation co-chair of the Tahoe Area Sierra Club. “We are elated that the judge recognized that business as usual is not sufficient. He has affirmed the agency’s duty to not only protect Lake Tahoe from further degradation but also to restore this national treasure to its former health and natural beauty.”

In his ruling, Judge Karlton agreed with environmental groups that new boat facilities should not be allowed along the shoreline until the TRPA shows how it will achieve mandatory environmental goals aimed at restoring the Lake to its former clarity and improving the environment of the spectacular Sierra basin in which it lies. He rejected TRPA’s position that it was only required to show that the plan would not harm the lake, where those goals had not been met.

The decision holds implications for a separate TRPA plan to substantially increase urbanization and development on land in Tahoe over the next 20 years.

“This is a great day for everyone who wants to Keep Tahoe Blue,” said Rochelle Nason, executive director of the League. “This decision provides the guidance the agency needs to resume its rightful place as the leader of a bi-state, science-based, and broadly supported effort to save Lake Tahoe.”

The judge also ruled that the agency’s development plan violated Lake Tahoe’s “Outstanding National Resource Water” designation under the Clean Water Act, which prohibits any long-term degradation of waters of exceptional ecological and recreational significance.

Last year, Judge Karlton issued an injunction halting the construction of any new piers or boat facilities on the lake until the case concluded.