FALLBROOK: Gregory Canyon fight still tied up in court

By TOM PFINGSTEN - Staff Writer North County Times

FALLBROOK --- Opponents of the Gregory Canyon landfill were recently dealt a blow in court, but the proposed solid waste dump remains tied up in lawsuits as RiverWatch pursues several appeals, a lead opposition lawyer said Monday.

Everett Delano, who has argued several Gregory Canyon cases for the nonprofit RiverWatch, said that although an appeals court judge recently overturned one of the group's appeals, other cases are still making their way through court.

"There's a lot going on right now," Delano said.

A spokeswoman for Gregory Canyon could not be reached for comment.

On Nov. 20, a Superior Court judge ruled that the San Diego County Department of Environmental Health had done its job in reviewing the Gregory Canyon environmental impact report ---- a defeat for those who claimed that the project's environmental analysis was flawed.

"Essentially, what the court is saying is that the county doesn't need to do any further environmental analysis at this point," Delano said. "We could appeal that decision, and I can't tell you whether that's something we'll do. In the meantime, there are a couple other things up on appeal."

For more than a decade, opponents have fought plans by an investment group called Gregory Canyon Ltd. to build a 1,770-acre landfill in a canyon south of Highway 76 between Interstate 15 and Pala.

In recent years, the battle has focused on the project's environmental report, without which the proposal cannot move forward.

The document was approved by San Diego County officials in February 2003, then was challenged in court in July 2004 by RiverWatch and the Pala band of Mission Indians.

Another case that RiverWatch is pursuing focuses on an agreement between the landfill's backers and Olivenhain Municipal Water District, under which Olivenhain would sell recycled water to be delivered via daily truck trips.

RiverWatch argued that Olivenhain failed to do any environmental analysis of its own before approving the contract, and the trial judge decided against the opposition group. RiverWatch appealed, and Delano said the first hearing of the appeal was held last week.

A spokeswoman for Gregory Canyon Ltd. said in August that backers hoped to begin construction in mid-2009.

The investment group currently has until Jan. 15 to submit its package of permit applications to the California Integrated Waste Management Board, which has the final say over whether the project is allowed to move forward.

Contact staff writer Tom Pfingsten at (760) 740-3516 or tpfingsten@nctimes.com.