Showing posts with label rincon. Show all posts
Showing posts with label rincon. Show all posts
Wednesday, March 30, 2011
Sunday, April 4, 2010
Hard to Stand in Puerto Rico
By Angela Howe, ESQ, Managing Attorney, Surfrider Foundation
It's easier to stand up on a wave in Rincon, Puerto Rico, than it is to obtain standing in court. According to the Puerto Rican Supreme Court's March 17, 2010 decision (Fundacion Surfrider, Inc v. Administracion Reglamentos y Permisos, CC-2005-732) on the legality of the Marino de los Suenos development that denied Surfrider Foundation standing in the case to challenge the high density development that will have dramatic effects on the character of the neighborhood and water disbursement in the region.
Click here for the plans.
Surfrider challenged the Administration of Rules and Permitting (APRE) decision that granted a zoning change for high density development in a low-density zoned area, giving the ARPE precedent right to allow rampant high density development without employing the Planning Commission as the appropriate body for these decisions.
Surfrider was present and vocal during the administrative agency decision, and then took our grievance to court in 2005. The issue went up to the Appeals Court and then the Supreme Court in Puerto Rico. The Supreme Court wrote a strong opinion against Surfrider's standing, requiring burdensome conditions to constitute legitimacy as a Plaintiff on this action. The decision sets poor precedent for future environmental organizations who would like to obtain standing to fight poor development decisions in Puerto Rico.
In general, the Court found that Surfrider and named co-plaintiff Leon Richter's interest were not sufficiently stated to show an intimate connection between the action and the organization's "adverse interests." Specifically, the majority wrote that because Senor Richter only included a PO Box address and not his particular home address, they could not tell how close in proximity he was to the new development and how much it would disturb the characteristics of the neighborhood. The majority also requested more data to substantiate allegations on how this will affect the water distribution and intensity in the area. They called the presented information "speculative and conclusory." As for Surfrider Foundation's standing, the majority noted that Surfrider functions to protect the welfare of oceans and beach access. But they reasoned that "this project is not even contiguous with the beach and will not impede access" and that the effects of the development are not sufficient to show a particularized interest in judicial right to review.
According to the dissent by three justices, Surfrider Foundation did demonstrate that it was in the interest of the organization and the organization's individual members to work in the interest of conservation in the area. The dissent recognized that conservation is intimately related to planning decisions.
Furthermore, the dissent noted that even though Senor Richter did not have his specific address entered into the case, no one had ever doubted whether he resided as a neighbor to the proposed project. After all, how close does he have to be to allege the traffic concerns, affect on the local neighborhood and water usage concerns. The dissent noted that "there is no reason to doubt that he is truly a neighbor in the community and accurately described the public view."
At least the dissenters recognized that Surfrider Foundation has been present in the local community to help to protect and preserve coastal resources in the area for over a decade.
As the dissenting opinion author Fiol Matta quoted in the local newspaper, "today's decision was a hard blow against citizens working for the environment."
It's easier to stand up on a wave in Rincon, Puerto Rico, than it is to obtain standing in court. According to the Puerto Rican Supreme Court's March 17, 2010 decision (Fundacion Surfrider, Inc v. Administracion Reglamentos y Permisos, CC-2005-732) on the legality of the Marino de los Suenos development that denied Surfrider Foundation standing in the case to challenge the high density development that will have dramatic effects on the character of the neighborhood and water disbursement in the region.
Click here for the plans.
Surfrider challenged the Administration of Rules and Permitting (APRE) decision that granted a zoning change for high density development in a low-density zoned area, giving the ARPE precedent right to allow rampant high density development without employing the Planning Commission as the appropriate body for these decisions.
Surfrider was present and vocal during the administrative agency decision, and then took our grievance to court in 2005. The issue went up to the Appeals Court and then the Supreme Court in Puerto Rico. The Supreme Court wrote a strong opinion against Surfrider's standing, requiring burdensome conditions to constitute legitimacy as a Plaintiff on this action. The decision sets poor precedent for future environmental organizations who would like to obtain standing to fight poor development decisions in Puerto Rico.
In general, the Court found that Surfrider and named co-plaintiff Leon Richter's interest were not sufficiently stated to show an intimate connection between the action and the organization's "adverse interests." Specifically, the majority wrote that because Senor Richter only included a PO Box address and not his particular home address, they could not tell how close in proximity he was to the new development and how much it would disturb the characteristics of the neighborhood. The majority also requested more data to substantiate allegations on how this will affect the water distribution and intensity in the area. They called the presented information "speculative and conclusory." As for Surfrider Foundation's standing, the majority noted that Surfrider functions to protect the welfare of oceans and beach access. But they reasoned that "this project is not even contiguous with the beach and will not impede access" and that the effects of the development are not sufficient to show a particularized interest in judicial right to review.
According to the dissent by three justices, Surfrider Foundation did demonstrate that it was in the interest of the organization and the organization's individual members to work in the interest of conservation in the area. The dissent recognized that conservation is intimately related to planning decisions.
Furthermore, the dissent noted that even though Senor Richter did not have his specific address entered into the case, no one had ever doubted whether he resided as a neighbor to the proposed project. After all, how close does he have to be to allege the traffic concerns, affect on the local neighborhood and water usage concerns. The dissent noted that "there is no reason to doubt that he is truly a neighbor in the community and accurately described the public view."
At least the dissenters recognized that Surfrider Foundation has been present in the local community to help to protect and preserve coastal resources in the area for over a decade.
As the dissenting opinion author Fiol Matta quoted in the local newspaper, "today's decision was a hard blow against citizens working for the environment."
Friday, June 5, 2009
Celebramos ''International Surfing Day'' y el Solsticio del Verano
Celebrate ''International Surfing Day'' & the Summer Solstice
6.20.2009 Playa Steps @ 8 am - 1 pm
Este día nos da una ocasión de promover y de celebrar el deporte mientras que trae conocimiento al estado de nuestros océanos y playas.
Created by SURFING Magazine, this unofficial, official surfers' holiday gives us a chance to promote and celebrate the sport while bringing awareness to the state of our oceans and beaches
El municipio de Rincon y la Fundacion Surfrider les invitana a
Limpieza de Playa Steps / Beach Cleanup at Steps Beach
@ 8AM
PALETEO / PADDLE - Steps > El Faro > Steps
@ 10AM
''POT LUCK'' - Almuerzo/Lunch - Playa Steps en Rincon
@ 12PM
Trae tu tabla, plato favorito, y un amigo
Bienvenidos Todos
Reduce, Reusa, Recicla: Trae Tu Plato, Vaso Reusable, y una silla gracias
Bring your board, favorite dish, and a friend
Everyone Welcome!
Reduce, Reuse, Recycle: bring your own reusable lunch plate, a glass, and a chair.
Habran regalos, bolsas, guantes para los particpantes.
Para mas informacion/for more Info 787.823.2784 o salvatrespalmas@yahoo.com
Monday, February 23, 2009
Right and Wrong
A visual demonstration of right vs. wrong at Sandy Beach in Rincón, PR.
Click photo for larger view.
PR: 
LD: 
I: 
Rank: 
C: 
Sunday, December 28, 2008
An Australian's Thoughts on Rincón, PR
Geoff Elliot is The Australian's Washington correspondent. In tomorrow's edition (thanks to the international dateline), he describes the impact of surfing on Puerto Rico.
"As it happens, I've returned to Puerto Rico this month...I'm drawn to the place. And, sure, it may have changed, but the influx of tourist dollars hasn't been an entirely bad thing.
Surf tourism - along with the rise of the eco-tourism associated with the magnificent sea turtles, migrating humpbacks and shipwrecks in the area - is a testament to the area's beauty and power.
It has helped put Tres Palmas on the conservation list, making it Puerto Rico's first marine park, in an effort championed by the Surfrider Foundation.
Who would have thought surfers would unite to protect this treasure from any would-be pirates of the Caribbean?"
Read the whole article.
Tres Palmas, Rincón, Puerto Rico
photo: Steve Fitzpatrick
Saturday, December 6, 2008
Domesday 2008
DomesDay 2008 was a huge success as Surfrider volunteers joined up with local surf businesses to clean up the beach and parking areas at Domes beach in Rincón, PR. Check out the full story here o leer más aqui en español
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