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Bombs away! the CAMP battle looms large
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It’s not the Allied assault on Omaha beach, but the final comments submitted by groups opposing the Contemporary Art Museum of the Presidio (CAMP) may be the opening salvos of a looming legal battle. With the closing of the public comment period for CAMP, several organizations hurried to get their last words in to the Presidio Trust, who will now evaluate the whole project and ultimately render what is referred to as a Record of Decision (ROD).
And there were definitely some strong words in the comments. The Marina Community Association cut loose with this shot across the bow:
The Trust has abused the public process required by the National Environmental Policy Act in order to attempt to justify a deal to which it was already committed…
The Presidio Historic Association (PHA) minced no words either:
…the Presidio…belong[s] to the U.S. public, not to Mr. Fisher, nor to the Presidio Trust Board. But the Trust has taught us otherwise.
Others, like the Lake Street Residents Association, assailed the project itself:
…a classic example of attempting to force a square peg into a round hole.
Before you get the impression that these groups are merely beating up on the Trust and developer Don Fisher, there are some substantial legal issues raised by the opposition comments. The National Trust for Historic Preservation, who is legally empowered to offer an evaluation of the proposed museum, stated:
The Presidio Trust’s [plan] is flawed because it fails to adequately comply with NEPA requirements.
That’s a serious charge and, should Secretary of the Interior concur, would scuttle the proposed museum. There are plenty of other legal issues raised in the opposition’s comments—cumulatively they could be project-ending arguments.
So what does the Presidio Trust have to say about all this? Sources at the Trust assured me that all comments will be evaluated and responded to. But, honestly, the Trust doesn’t seem to have many answers or if they do, they aren’t saying.
Don Fisher’s team had no comment either. That is appropriate, since the ball is really in the Trust’s court to respond. The question Fisher must face is simply this: does he keep on pursuing the Presidio location in the face of a probable lawsuit that will take years and may not be winnable or does he begin to consider alternative locations? The answer I have consistently been given by Fisher’s people is that the Presidio site is the only one on the table. I leave it to you to decide whether that is a tenable course or not.
In the meantime, these final comments, from a variety of opponents, constitute some pretty serious saber rattling. It has all the earmarks of a battle to the death.
For more info: What a tangled web The perfect train wreck
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