Palm Springs faces lawsuit over planned warehouse project

PALM SPRINGS, Calif. (KESQ) - The city of Palm Springs is facing a new lawsuit. "Advocates for the Environment" has filed a complaint against the warehouse and the environmental impacts.

The warehouse will be nearly 740 thousand square feet, located at the northwest corner of North Indian Canyon Drive and 19th Avenue.

Back in January, the City Council gave the green light for the project, approving the development that could create hundreds of jobs. Opponents claim the project will have negative environmental impacts.

Advocates for the Environment is hoping to hold the City of Palm Springs and PS Canyon Development LLC accountable for the environmental impacts of the plan.

An environmental impact report, or EIR, conducted on the project revealed truck trips for the facility would release over 9,400 metric tons of carbon emissions each year.

Advocates for the Environment says when the warehouse was approved, it violated the state's California Environmental Quality Act, or CEQA. That act requires state and local agencies to prevent or mitigate pollution for proposed projects to the fullest extent.

Dean Wallraff, the petitioning lawyer, says the warehouse's EIR didn't offer a mitigation plan for those more than 9,000 tons of greenhouse gas emissions, placing the blame for that pollution on the city and developer.

Wallraff also claims PS Canyon Development hasn't committed to any carbon credit programs.

"It's a cost that a warehouse would impose on the rest of the world and we think they should pay for it themselves as part of the project," Wallraff said.

Advocates for the Environment say the goal of the lawsuit is to make PS Canyon Development pay their share in carbon credits.

From his experience, Wallraff says these cases often end in a settlement where the court will order a new EIR to be drafted that includes a mitigation plan. But if the opposing parties have deep pockets and are willing to draw the case out, litigation can take years.

As of Thursday, officials say the city has not been served in the lawsuit, saying, "The City Council voted to advance the project in accordance with applicable regulation and policy."

City officials have previously defended the warehouse's benefits, saying it would bring over 700 jobs to the area and create millions in revenue from sales and property taxes.