Cheat-Seeking Missles

Tuesday, January 04, 2005

Hugh Hewitt: Trailer Park Champ

Hugh was in court yesterday, arguing FOR endangered species protection. Odd for the Endangered Species Act attorney many developers shy away from because he tends to take the hardline tack.

I worked side-by-side with Hugh in the early 1990s when we fought to keep the California gnatcatcher from being listed as a state endangered species (we won), so reading in today's LATimes article about his arguments on behalf of the snowy plover, an endangered beach bird, was about as disorienting as the snow I'm seeing out my SoCal window right now.

But he hasn't turned colors. Property rights advocate that he is, he's throwing everything he can at state efforts to evict the residents of the beachfront El Morro Mobile Home Park to make way for a new state park -- i.e., the socialization of private landholdings.

The LATimes took glee in Hugh's new position:

A group of residents that winters at the El Morro Village mobile home park emerged Monday as the latest obstacle to the state's plan to turn the south Orange County park into a campground. They stand about ankle high, go by the formal name of charadrius alexandrinus nivosus and are being defended by a conservative commentator and lawyer who has never been confused with an environment crusader.

Hugh Hewitt told a federal judge Monday in Santa Ana that the well-being of the Western snowy plover — an endangered migratory shorebird — would be disrupted by the removal or demolition of the beachfront trailers.

"The species is desperate," Hewitt pleaded.

The legal tactic is a reversal of the norm in which environmentalists cite the presence of an endangered species in an effort to block development. In this case the attorney for the trailer park residents, who were to have abandoned their trailers Dec. 31, is hoping the small seashore bird will protect a development. ...

"What happens if there's a snowy plover dead on that beach when we blow up those pilings?" Hewitt asked, later acknowledging outside the courtroom that "I am not a species guy. But I don't want my clients going to jail for doing the state's dirty work."

Hugh's right, of course. When the state reviews the environmental impact of a private project, they throw up every obstacle and bizarre hypothis they can dream up. But the environmental review of their own proposals is a charade, a rubber-stamping of plans that would set them howling if they came from the private sector.