Developers' devious digressions

Abstract

In spite of the many laws and regulations regarding the development of property and the protection of open space and wildlife, developers often try to get around compliance with the law using subtle, or not–so–subtle, tactics. In some cases, they violate the law because they know that there is little or no enforcement, or, if caught, they pay the fine and charge it up as a cost of doing business which is of course tax-deductible. Over the last few years I have been involved in a status study on two species of lizards of special concern (the Orange-throated Whiptail, Cnemidophorus hyperythrus and the Coastal Horned Lizard, Phrynosoma coronatum) for the California Department of Fish and Game. During this study, I noticed several of what I call ‘developers' devious digressions’. As a biologist and environmental consultant, I have seen, over the last few decades, developers use these same ways of getting around environmental laws in Arizona, Montana, Mexico, and Australia. I have placed these digressions, detours and non-conformities, with the law in the following several categories.