Ballona Wetlands Restoration: Litigation Update

Litigation over the proposed restoration of the Ballona Wetlands will proceed on August 2nd, 2022, 1:30 P.M. in L.A. County Superior Court Division 85. Judge James Chalfant, who is presiding over the litigation, set that date at a status hearing on May 3rd. The litigation will eventually require the court to undertake a targeted review and assessment of a massive number of documents supporting the State's approved Ballona Wetlands Restoration Project. The litigation has already delayed the Great Park project another year, and won't likely conclude until year's end, or later.

At the August 2nd hearing, Judge Chalfant will set the schedule for the trial for five separate lawsuits challenging the adequacy of the Environmental Impact Report (EIR) for California Fish and Wildlife's Ballona Wetlands Restoration Project, and challenging the Coastal Conservancy's funding for the project's preliminary design and engineering work. Chalfant tentatively ordered all five cases be consolidated and heard as one. The trial will unfold with both sides submitting written briefs as scheduled, arguing their case and defense.

The plaintiffs request their court costs be reimbursed by California taxpayers. The court usually only grants such financial relief if the plaintiffs prevail in their lawsuits. Both sides should be expected to appeal Judge Chalfant's decision to the California Court of Appeals if they lose. Altogether, the litigation may take around 3-4 years. Meanwhile, the Ballona Wetlands continue to suffer from inaction.

Above: Some of the wetlands south of Ballona Creek are degrading because they don't receive the full high tide, which is stopped by a mechanical gate in the creek levee shown here. The CDFW Project will remove this gate and use new levees to control tidal flooding of Culver Blvd. and lower Playa Del Rey, allowing the full high tide to nourish tide-starved wetlands far to the east, seen below.

Our California Department of Fish and Wildlife (CDFW), the restoration project leader, produced thousands of pages of scientific survey and monitoring reports, special technical reports and the massive 1,000-page Environmental Impact Report (EIR) plus appendices. All of these documents comprise the administrative record, which CDFW will use as evidence to defend our EIR and the proposed project. The Index for the record alone occupies 350 pages.

Captain Commands a Tight Ship

Judge Chalfant made it clear to the parties that his 40-page limit for briefs is ironclad. Each side will prepare an opening brief arguing the merits of their lawsuit, or their defense in the case of the defendants, the CDFW and the Coastal Conservancy. Opposition and Reply briefs will follow the opening salvos. Presumably, the plaintiffs will submit first - this will be decided at the August hearing.

Plaintiff Seeks an Easy Payout?

During the May 3rd hearing, Attorney Sabrina Venskis, representing the Ballona Wetlands Land Trust, suggested to Judge Chalfant that he force a settlement among the parties. Presumably this means they want the court in effect to "force" CDFW to settle; pay them money and/or other concessions in exchange for going away. Todd Cardiff, counsel for two other plaintiffs, added that the judge should order the parties to settle before a different judge specializing in [EIR] cases.

With a smile and raised eyebrows, Judge Chalfant resisted Venskis' suggestion of a forced settlement. Chalfant stated it is the court's duty to hear all objections to the EIR - there must be no shortcuts taken. He also said he wouldn't order a settlement unless the parties felt there was a reasonable prospect for resolution.

CDFW's counsel, Deputy Attorney General John Sasaki, responded to Chalfant that he was not confident CDFW would agree to a settlement.

The plaintiff organizations suing our state and their officers/representatives are as follows:

- Protect Ballona Wetlands, Wendy Sue Rosen

- Defend Ballona Wetlands, Molly Basler and Roy Van De Hoek

- Grassroots Coalition, Patricia McPherson and Kathy Knight

- Ballona Wetlands Land Trust, Walter Lamb

- Ballona Ecosystem Education Project, Patricia McPherson and Kathy Knight

Above: This 200-acre expanse of weedy fill dirt dumped during Marina construction will be dug out by the restoration project and replaced with lush wetlands, surrounded by trails. The dirt will be reused for flood management berms, also supporting trails and bike paths, along Culver Blvd.

Enjoy your Ballona Wetlands!

References

Los Angeles County Superior Court, Department 85, Case Nos. 21STCP00240, 21STCP02237, 21STCV03657, 21STCP00242, 21STCP00237.

Author's note on affiliations:

Dr. David W. Kay served on the Board of Directors of the non-profit Friends of Ballona Wetlands from 2007 until 2015, and served as Board President in 2012-13. He presently serves on the Board of Ballona Discovery Park in Playa Vista. David is a staunch advocate for the state of California's plans to restore the Ballona Wetlands Ecological Reserve.

Since 1984, David has been employed by Southern California Edison Company, exclusively in the company's environmental services organizations. His many responsibilities included restoration of the 440-acre San Dieguito Wetlands near Del Mar. He is presently Senior Manager for Major Project Environmental Management at the company.

David earned bachelor and masters degrees in biology and a doctorate in environmental science.
See David's Patch Community Contributor profile here.