As previously approved, the Blue Rock County Club would have destroyed wetland habitat and imperiled both the whipsnake and the frog. The two federal agencies had signed off on the project but were brought back to the table after Earthjustice Legal Defense Fund challenged the adequacy of the protection for the species. At the same time, Earthjustice issued a warning to the Army Corps that it, too, could face charges if it failed to review its decision to issue a dredge and fill permit to the developer. The development site is part of recently designated critical habitat, necessary for the survival of both the whipsnake and the frog. The dredge and fill permit would have allowed the developer to destroy some of the last wetlands in the East Bay hills.
Federal agencies have a duty to protect endangered species and their habitats, without exception.
Protecting habitat helps protect the very quality of life we enjoy here in the Bay Area. This is a victory for all Bay Area residents. The Corps of Engineers has also formally requested that the Fish and Wildlife Service revisit its earlier conclusions. In April of 1999, the Service issued a draft biological opinion concluding that the project presented a serious, pervasive threat to the survival of both the frog and whipsnake. However, after a summer of political maneuvering by the developer, Service officials made a sudden about-face.