"We still have to look at what the proposal is and how viable [the manzanita] is at that site. And if there's a good plan and a good chance of success, I would imagine we'd support that," he said.
In other words, the CBD -- which files a lot of lawsuits -- is not opposed to the concept of relocating the manzanita rather than leaving it where it is.
Of course, Miller notes, it's ironic (again) that species believed to be extinct -- but miraculously rediscovered -- have none of the federal protections of species on the brink of extinction. Theoretically you could find a pod of dinosaurs in McLaren Park and then slaughter the lot for Bronto Burgers.
If push came to shove, however, Miller felt that the discovery of such a plant could fall under the California Environmental Quality Act (CEQA). "Regardless of its state or federal listing status, clearly this is a sensitive species and a rare plant ... in terms of disclosing the impacts of the project, this is something that warrants potentially supplementing the [Doyle Drive] Environmental Impact Report."
And that, among other things, would take time. And time is money. And this project is expensive.
How would Miller like to explain to the general public that his organization derailed the billion-dollar redesign of one of the state's most lethal highways?
He chuckled nervously. "No one has suggested that yet."