Legal Challenge Filed

Sierra Club, Environmental Council of Sacramento and Friends of the Swainson's Hawk Sue the Sacramento Local Agency Formation Commission Over Approval of City of Sacramento Sphere of Influence Expansion Onto Farmland and Habitat

June 9, 2025

Contact

Heather Fargo, President, Environmental Council of Sacramento, 916-600-6615

Patrick Soluri, Attorney, Soluri Meserve 916-455-7300 916-599-0474

James P Pachl, Sierra Club Mother Lode Chapter, Legal Chair, 916-844-7515

Sean Wirth, Sierra Club Mother Lode Chapter, Conservation Chair, 916-832-9905

Judith Lamare, co-founder, Friends of the Swainson's Hawk, 916-769-2857

Sacramento California - Today, Sierra Club, the Environmental Council of Sacramento (ECOS) and Friends of the Swainson's Hawk (FOSH), represented by Patrick Soluri, of the firm, Soluri-Meserve, filed a lawsuit in Superior Court challenging the approved expansion of the City of Sacramento's potential boundary in North Natomas.  The 474-acre expansion requested by private landowners is intended to allow them to develop 6 million square feet of megawarehouse space on farmland next to wildlife preserves managed by the Natomas Basin Conservancy, and the Westlake Community, including the Paso Verde School. 

The lawsuit challenges the project's deficient environmental review under the California Environmental Quality Act. It also challenges the failure of the Sacramento Local Agency Formation Commission (SacLAFCo) to follow its own policies in its approval of the landowner application. The Project site is currently zoned and used for agricultural purposes.  Its ongoing status as agricultural land is critical to maintain continued effectiveness of the Natomas Basin Habitat Conservation Plan (“NBHCP”), an enforceable legal agreement between City, Sutter County, and Federal and State wildlife agencies which has guided urban development in the Natomas Basin for over 25 years. 

"Our effort to save Natomas farmland and protect the Natomas Basin Habitat Conservation Plan (NBHCP) is important for the community and the economy," noted Heather Fargo, President of ECOS and former Mayor and Councilmember of the City of Sacramento.  "It is important for local food supply, the local wildlife species, and maintaining open space and quality of life."  Fargo was Mayor when the 2003 NBHCP was adopted.

"This project and other proposals in North Natomas would gut the Natomas Basin Habitat Conservation Plan," said Sean Wirth, Conservation Chair for the Sierra Club Mother Lode Chapter.  "Our region is woefully behind other metro areas in California in permanently conserving habitat, farmland and other open space.  This approval is not in the public interest and will have permanent deleterious impacts." 

Said Jim Pachl, Legal Committee Chair for Sierra Club, “This 474-acre project plus three other projects undergoing environmental review totaling approximately 8,000 acres would eliminate most agriculture and wildlife habitat in Sacramento County’s part of Natomas Basin.  The project sites are zoned for agriculture only and are outside the current County Urban Service Boundary and the City General Plan Area.”

Lamare added  "The landowners and SacLAFCo do not respect the law, the General Plans, the Air Quality Plan, and the NBHCP, and we must hold them accountable."

The Petitioners

Petitioner SIERRA CLUB is a national non-profit organization with approximately 832,739 members.  The Sierra Club is dedicated to exploring, enjoying, and protecting the wild places of the earth; to practicing and promoting the responsible use of the earth’s ecosystems and resources; to educating and encouraging humanity to protect and restore the quality of the natural and human environment; and to using all lawful means to carry out these objectives.

Petitioner ENVIRONMENTAL COUNCIL OF SACRAMENTO (“ECOS”) is a nonprofit organization that gives Sacramento environmental leaders a place to come together to create an action-oriented coalition for the region.  ECOS is a hybrid organization that has both 19 community-based organizations and approximately 200 individual members.  Among the organizational members are Sierra Club Sacramento Group, Sacramento Audubon, Friends of Stone Lakes National Wildlife Refuge, Sacramento Valley Chapter of California Native Plant Society, Save the American River Association, Save Our Sandhill Cranes, Friends of Swainson’s Hawk, and Sacramento Area Creeks Council.  These organizations, some of which are also parties to this petition, work to protect natural habitat and at-risk species.  ECOS members, as well as its organizational members, reside in areas that would be adversely affected by the Project for wildlife observation, recreation, and aesthetic enjoyment if it is approved.

Petitioner FRIENDS OF SWAINSON’S HAWK (“FOSH”) is a grassroots unincorporated association that has taken on the challenge of protecting Swainson’s Hawk habitat.  FOSH’s members reside in areas that would be adversely affected by the Project for wildlife observation, recreation and aesthetic enjoyment if it is approved.

For more information about this issue, please refer to:

https://www.ecosacramento.net/about-us/committees/climate/land-use-natomas-team/