FAQ: Legal Action against the San Francisco Veterans Administration Medical Center (Complaint for Declaratory and Injunctive Relief)

People have been asking about the legal action that PAR and FOLE have filed against the SF VAMC. Here are answers to the most commonly asked questions. (Click here for a printable version.)

1. What is the substance of the Complaint?

The Complaint is a civil action against the Department of Veteran Affairs in Washington, D.C.. It argues that the San Francisco Veterans Administrative Medical Center (VA) has violated the National Environmental Policy Act (NEPA). The Complaint asks that the VA be enjoined from proceeding with development until a Environmental Impact Statement is completed to determine whether the proposed segmental developments on the Campus, and the placement of a wet dry laboratory building within 75 feet of the Seal Rock Drive residences will cause significant environmental impacts. The complete text is available at SF VAMC Complaint.

2. When and where was the Complaint filed?

The Complaint was filed with the US District Court, San Francisco Friday, March 31, 2006.

3. Why was this action necessary?

PAR and FOLE, together with other neighborhood groups (Ft. Miley Neighborhood Association, People for the GGNRA, Lincoln Park Neighborhood Association) have been meeting with SF VAMC Director and Administration staff for over two years in an attempt to craft an amicable solution that brings together all stakeholders and avoids a legal action. During this time, we have had active cooperation and participation from Representative Nancy Pelosi’s San Francisco office staff, which we greatly appreciate.

Unfortunately, these meetings have been unproductive, notwithstanding the efforts of the community leaders and the Pelosi staff. The SF VAMC continues to be intransigent – attempting development in small, piecemeal segments without regard to the cumulative effects which legally trigger a NEPA review of the entire Campus – its building and expansion plans.

4. What about our Veterans?

We fully support our Veterans and believe they deserve outstanding health care. And we fully support the primary mission of the VA in caring for our Veterans through clinical services.

5. Who is potentially affected by the SF VAMC expansion plans and operations?

Both the City and County of San Francisco and the GGNRA are affected by the SF VAMC expansion plans and operations. This area of the City is a destination for visitors from around the world, whose experience of our City and our national parklands will be colored by the SF VAMC campus.

Individuals and families who enjoy the natural beauty and trails of the Golden Gate National Recreational Area, who visit the City of San Francisco’s Lincoln Park or the San Francisco Fine Arts Museum at the Palace of the Legion of Honor; and all those who live in the Outer Richmond district of San Francisco.

6. Who is filing the Complaint?

Plaintiffs include the Planning Association for the Richmond (PAR) and Friends of Lands End (FOLE).

7. What is the timeline of events?

2003-2005 Ongoing meetings between local organizations and SF VAMC

January 16, 2006 Freedom of Information Request (FOIA) filed regarding proposed construction of a Biohazard Two Research Lab adjacent to residential and GGNRA land

February 8, 2006 Denial of FOIA request

February 27, 2006 Administrative appeal of FOIA denial filed with the Office of the General Counsel, Department of Veteran Affairs

March 31, 2006 NEPA Complaint filed in US District Court, Northern District of California, and assigned to Judge Saundra Armstrong

May 8, 2006 Letter to Department of Veterans Affairs pointing out that 71days have elapsed since the filing of the Appeal; demanding a determination of FOIA appeal within 10 days; advising that failure to make a determination within 10 days will be considered a constructive exhaustion of administrative remedies;. and which will permit the filing of a FOIA action in the District Court

8. Who is PAR?

PAR (Planning Association for the Richmond), the largest neighborhood organization in San Francisco, was established in 1970. PAR has a dues-paying membership of about 1,600 households in the Richmond District. PAR’s mission is

– To develop and implement policies and recommendations for the maintenance and enhancement of the physical and social dimensions of life in the Richmond District

– To stimulate formation of neighborhood organizations in the areas of the Richmond District currently not served

– To support individual associations in pursuing issues relating to planning and the physical and social environment.

9. Who is Friends of Lands End?

FOLE is a group of residents and others interested in preserving and improving the Lands End area in San Francisco, California, including natural, historical and social resources. The Lands End area includes Sutro Park, the West Fort Miley area of the GGNRA, the network of trails surrounding Lands End, and the USS San Francisco memorial.

Contacts

PAR
www.sfpar.org
Ron Miguel, President
rm@well.com

FOLE
www.fole.org
Julie Burns
fole.org@gmail.com

Freedom of Information Request Update — Stonewall Continues

Just to refresh your memory — on January 16, 2006 the Department of Justice was asked under the Freedom of Information Act to provide information about expansion plans as well as ongoing operations of the San Francisco Veterans Administration Medical Center that potentially affect the Outer Richmond neighborhood, Lincoln Park, and the GGNRA. That request was denied and on February 27 an appeal was filed. According to the Department of Justice guidelines, a response to this appeal should have been received within 20 days. For those of you who are counting, it’s now been over 70 (yes, seventy) days since that appeal was filed. On May 8 the DOVA was reminded of that fact.

PAR and FOLE File Complaint

On March 31, 2006 the Planning Association for the Richmond (PAR) and Friends of Lands End filed a Complaint in the United States District Court for Northern California challenging the decision by the US Department of Veterans Affairs to issue a categorical exclusion and permit development of the Building 16 in violation of the National Environmental Policy Act (NEPA). Read the full Complaint:

SF VAMC Complaint

SF VAMC Stonewalls Freedom of Information Request

For at least three years, neighbors and other representatives of the Richmond District have been trying to get answers about the plans and operations of the SF Veterans Administration Medical Center. To date, the SF VAMC has either failed to respond to inquiries or provided partial information. Even with help from Congresswoman Pelosi’s office, fundamental questions remain unanswered.

On January 16, 2006 a request was submitted to the SF Veterans Administration Medical Center under the Freedom of Information Act (FOIA) for information to answer questions about the operation and plans of the SF VAMC — including questions about toxic materials, laboratory emergency procedures, and basic questions about the size and scope of long-range development on an already over-burdened campus.

On February 8, 2006 the Regional Counsel of the Department of Veterans Affairs categorically denied all 17 requests.

Read the request and decide for yourself.

FOIA Request Jan06