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Indybay Feature

breaking news, oak trees cannot be removed!

by M.
In a historic decision, a judge decided that the oak trees cannot be removed and cut down by UC. Celebrations broke out among the people who came to support the tree sitters.
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Comments (Hide Comments)
by Huh
that's sweet they announced that, but that's not actually what the ruling said.
by Cal Kills Animals
Great photos and good work ya'll!

The university currently exploits and tortures 40,000 animals in the name of "science."

A new facility is CURRENTLY being constructed at University Avenue and Oxford Way, known as the Li Ka-Shing Center for Biomedical and Health Sciences, scheduled for completion in March 2010, that would expand the existing animal facility by SEVENTY PERCENT. This means that tens of thousands more animals will suffer and die at any given time in hideous experiments if the university has their way

For more information on the campaign against vivisection at UC-Berkeley, visit the Stop Cal Vivisection website at:
http://www.pixelexdesign.com/stopcalvivisection
by not over yet, keep guard up!!
Here's the statement on the ruling from the Daily Californian linked on the main imc page;

http://www.dailycal.org/article/101930/both_sides_claim_victory_as_judge_issues_stadium_r

"Alameda County Superior Court Judge Barbara J. Miller did not lift the injunction prohibiting the university from beginning construction at the oak grove in her 129-page ruling. But she states in the ruling that minus a few exceptions, the university's environmental impact report is in compliance with state environmental laws.

Miller said the campus' proposed plans do not fully comply with either the Alquist-Priolo Earthquake Fault Zoning Act or the California Environmental Quality Act, but that she will allow the university to bring the plans into compliance and resubmit them."

That requires UC Berkeley to resubmit their plans and attempt to bring them into compliance with CEQA and the A-PEFZA as mentioned above. This may be a good chance for activists on the ground to research the details of the fault lines and the ecological impacts of this development to find flaws when UC resubmits their report..

For example, what are the EIR's "few exceptions" that Judge Miller mentions in the above paragraph? Maybe these few exceptions are crucial and cannot be easily mitigated by UC in their next EIR??

On a personal note, am glad that i never attended UC Berkeley as their policies are very disappointing for a school that claims to be "leftist" with education on ethics for the environment and human rights. Maybe they don't claim this and is only an urban myth. The surrounding community of Berkeley seems to be more aware and responsible for being good environmental stewards than the school itself..

Not only are the oaks constantly being threatened by the UC admins, the nuclear testing issues at Livermore and the animal research cruelties make this UC equally as reprehensible as UC Davis, with their GMO biotechnology research and primate testing center..

Thanks again to all the oak tree sitters who "hung in there" throughout the last year of assaults by UC Police and other hostile elements. Blessings and respect to all the treesitters and ground supporters that helped out!!

For people unfamiliar with the details of the Alquist-Priolo Earthquake Fault Zoning Act, this site explains further;

"The Alquist-Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the hazard of surface faulting to structures for human occupancy. This state law was a direct result of the 1971 San Fernando Earthquake, which was associated with extensive surface fault ruptures that damaged numerous homes, commercial buildings, and other structures. Surface rupture is the most easily avoided seismic hazard.

What is the Alquist-Priolo Act?

The Alquist-Priolo Earthquake Fault Zoning Act's main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults. The Act only addresses the hazard of surface fault rupture and is not directed toward other earthquake hazards. The Seismic Hazards Mapping Act, passed in 1990, addresses non-surface fault rupture earthquake hazards, including liquefaction and seismically induced landslides.

How does the law work?

The law requires the State Geologist to establish regulatory zones (known as Earthquake Fault Zones) around the surface traces of active faults and to issue appropriate maps. ["Earthquake Fault Zones" were called "Special Studies Zones" prior to January 1, 1994.] The maps are distributed to all affected cities, counties, and state agencies for their use in planning and controlling new or renewed construction. Local agencies must regulate most development projects within the zones. Projects include all land divisions and most structures for human occupancy. Single family wood-frame and steel-frame dwellings up to two stories not part of a development of four units or more are exempt. However, local agencies can be more restrictive than state law requires.

Before a project can be permitted, cities and counties must require a geologic investigation to demonstrate that proposed buildings will not be constructed across active faults. An evaluation and written report of a specific site must be prepared by a licensed geologist. If an active fault is found, a structure for human occupancy cannot be placed over the trace of the fault and must be set back from the fault (generally 50 feet).

What is an earthquake fault zone?

Earthquake Fault Zones are regulatory zones around active faults. The zones are defined by turning points connected by straight lines. Most of the turning points are identified by roads, drainages, and other features on the ground. Earthquake Fault Zones are plotted on topographic maps at a scale of 1 inch equals 2,000 feet. The zones vary in width, but average about one-quarter mile wide."

Q & A on A-P Fault Zoning cont's @;
http://www.conservation.ca.gov/cgs/rghm/ap/Pages/Index.aspx

Best wishes in defense of oaks!!

: )





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