May 19
0

California’s SB 607 Could Undermine CEQA, Why Does That Matter?

By | Blog

California has been ahead of others in environmental leadership. As a landmark law, California Environmental Quality Act (CEQA) ensures environmental impacts of future projects are studied, disclosed, and mitigated before they begin. A new bill, SB 607, could significantly change how CEQA functions with detrimental consequences. As federal environmental laws are weakened by the Trump administration, CEQA is the primary tool Californian’s have to protect the environment.

What is SB 607?

SB 607 was introduced by Senator Scott Wiener in February 2025. While being promoted as a housing reform bill, this bill is part of a broader push to streamline development, particularly in urban infill areas. While this may sound enticing with more housing and less sprawl, it raises a few red flags.

Limits Environmental Review

CEQA was designed to assess all potential environmental impacts—air quality, traffic, water use, noise, biodiversity. SB 607 will weaken environmental review requirements for nearly all private and government projects, including freeways, airports, dams, railyards, shopping centers, sports complexes, power plants, prisons, and mining operations. An Environmental Impact Report (EIR) is required when a project indicates there is a “fair argument” based on substantial evidence that it may have significant impacts on the environment. SB 607 would allow any agency to refuse to prepare an EIR. An agency could rely solely on a Negative Declaration (ND) or Mitigated Negative Declaration (MND) under a more deferential standard that is difficult to overcome. EIRs play a critical role in identifying significant impacts, allowing for public scrutiny and ensuring those impacts are minimized. SB 607 would give agencies more flexibility to overlook credible evidence related to air pollution, water contamination, climate change, and threats to wildlife. This is especially troubling where project applicants and their consultants drive the environmental review process, with a rubber stamp from agency staff and officials. In historically marginalized communities with a disproportionate share of industrial and polluting facilities, this presents greater concern.

Exemptions for Rezoning

California has a housing crisis. Affordable and infill housing is already largely exempt from CEQA. However, a dangerous aspect of SB 607 is its proposal to exempt rezonings from CEQA review if a project aligns with an approved housing element. Rezoning is the process of changing how a piece of land can legally be used—from industrial to residential or from low-density to high-density housing. As currently written, SB 607 could allow rezonings that include commercial and industrial development to bypass environmental review. Even if the rezoning allows for pollution heavy or traffic generating development, the project could bypass CEQA review simply because it fulfills a housing element, even with mixed use developments including distribution centers or factories. Increased  industrial and warehouse uses can stress the water supply, traffic infrastructure, and contaminate natural habitats and wetlands. This bill should clarify that exemptions should apply to rezones for residential housing projects only. However, even if redrafted, this exemption is unnecessary. While California needs to meet its housing goals, exempting rezoning from environmental review could lead to long-term consequences that harm ecosystems, communities, and public trust.

Restricting Public Participation

CEQA is a tool that allows the public to understand and influence how developments affect their neighborhoods. It isn’t just an environmental law – it’s a transparency and accountability tool. By narrowing or exempting what is reviewed, SB 607 shuts the public out of the process, especially in vulnerable or disadvantaged communities that are already susceptible to pollution, displacement, and poor planning. Low-income neighborhoods and communities of color have historically faced disproportionate exposure to polluting infrastructure, poor land-use decisions, and environmental injustice. Without Environmental Impact Reports (EIRs), communities have less access to  information, and the public loses the opportunity to weigh in or hold decision-makers accountable. CEQA is a powerful democratic tool that ensures development decisions are not made quietly.

Why We Must Protect CEQA

At a time when federal environmental protections are being rolled back, California must protect CEQA. SB 607 threatens to undermine CEQA—the very law that ensures our development is informed, transparent, and sustainable. By weakening environmental review, exempting broad categories of rezoning, and restricting public participation, this bill shifts power away from communities and into the hands of developers and agencies with little oversight.

California can and should build more housing—but not at the cost of environmental protection, public health, or democratic accountability. CEQA doesn’t stop housing; it ensures that housing is built responsibly, with input from the people who live in and around proposed developments.

How You Can Help

Please join more than 130 environmental groups calling on Senator Pro Tem Mike McGuire and Senator Anna Caballero to vote NO on SB 607.

Please contact these legislators today to register your opinion. Your voice makes a difference!

You can call:

(916) 651-4002

(916) 651-4014

Or send your message to:

https://sd14.senate.ca.gov/contact-us

https://sd14.senate.ca.gov/contact-us

Mar 27
1

CNFF and CERF Prevail In Appellate Court: County of San Diego Transportation Guidelines Are Overturned

By | Media Releases

For Immediate Release:

Duncan McFetridge, Cleveland National Forest Foundation, Tel: (619) 445-9638 Email: [email protected]

Livia Borak Beaudin, Coast Law Group, Tel: 760-942-8505 Email: [email protected]  

In a victory for climate action and environmental protection, the San Diego County Transportation Study Guide (TSG) has been struck down on appeal following a lawsuit filed by the Cleveland National Forest Foundation (CNFF) and the Coastal Environmental Rights Foundation (CERF). The decision marks a significant step forward in holding local governments accountable for their role in reducing greenhouse gas emissions and addressing the impacts of vehicle travel on the environment.

In their California Environmental Quality Act (CEQA) lawsuit, filed on November 2, 2022, CNFF and CERF challenged the TSG, arguing the County’s approach to evaluating transportation impacts failed to comply with Senate Bill 743 (SB 743). This legislation, enacted to curb vehicle miles traveled (VMT) and reduce greenhouse gas emissions from the transportation sector, requires local agencies to ensure that development projects are designed to minimize environmental harm. Contrary to SB 743, the County’s plan would have allowed potential projects to bypass VMT analysis. By mislabeling developments in rural areas as “infill,” the plan incentivized projects in locations where VMT is already high, leading to increased emissions and continued sprawl development.

The trial court upheld the County’s use of two improper CEQA thresholds: the so-called “infill” threshold and small project threshold. Siding with environmentalists, the Court of Appeal reversed the Superior Court’s decision, striking down both improper thresholds. In the Opinion, filed on March 27, 2025, the Court states, “The County made no attempt to establish facts showing how often development in its designated infill and village areas will not cause a significant transportation-related impact as measured by VMT.” The Court also found the small project screening threshold lacked “any evidentiary support.”

“It’s time for the County to stop taking shortcuts and instead implement its low VMT climate policy,” said Duncan McFetridge, Director of CNFF. “We’re running out of precious time to start solving our housing and transportation problems in San Diego. The County’s continued delays hurt San Diegans and the environment.”

“We know we can’t meet our climate goals without significant reductions in automobile travel,” said Sara Ochoa, Programs Director at CERF. “Transportation costs are the second highest household expenditure. We should build housing and transit where it makes sense instead of dooming future generations to wildfire risks and soul-crushing commutes.”

Petitioners and Appellants were represented in this case by Coast Law Group LLP. A copy of the Opinion can be found here.

Dec 06
1

San Diego Coastkeeper and CERF Intend to Sue SeaWorld Over “Shocking Amounts” of Fireworks Pollution in Mission Bay

By | Media Releases

FOR IMMEDIATE RELEASE DATE: 12/05/2024                                                                                                              Media Contact:
Spencer Higgs
Communications Manager, San Diego Coastkeeper

San Diego Coastkeeper and CERF Intend to Sue SeaWorld
Over “Shocking Amounts” of Fireworks Pollution in Mission
Bay

SeaWorld’s unlawful discharges violate multiple provisions of two separate Clean Water Act permits.

SAN DIEGO, Calif. – The Coastal Environmental Rights Foundation (CERF) and San Diego Coastkeeper (Coastkeeper) have initiated a citizen suit enforcement action against SeaWorld Parks & Entertainment, Inc. and Sea World LLC (collectively SeaWorld) for ongoing Clean Water Act violations in and around Mission Bay.

The notice of intent to sue letter ( Notice Letter ) addresses numerous violations of both SeaWorld’s Fireworks Permit and Waste Discharge Permit.

Fireworks Discharge Violations

SeaWorld hosts up to 150 fireworks shows per year, each of which fires anywhere between 250 to 1,750 fireworks shells directly over Mission Bay. The Notice Letter describes “shocking amounts” of evidence collected from the waters surrounding SeaWorld’s fireworks launch barge.

SeaWorld routinely discharges plastic caps, wires, trash, and other chemical laden debris into Mission Bay in violation of multiple requirements of the regional Fireworks Permit, and fails to follow its own post-event cleanup protocols. Adding to the list of violations, SeaWorld allows embers, malfunctioning fireworks, wires and ignitors to fall into the bay while still burning.

Among the waste from SeaWorld’s fireworks are sharp wires, broken ignitors, shell casings, caps, shattered plastic, cardboard, and residue from toxic medals, including barium, chromium, cobalt, and copper. This hazardous debris is strewn across Mission Bay’s seafloor and along the beaches of Fiesta Island, an extremely popular recreational area.

“SeaWorld’s flagrant violations of federal law are causing serious harm to Mission Bay’s marine environment, and contradict the company’s stated mission to conserve wildlife worldwide,” said Phillip Musegaas, Executive Director of Coastkeeper. “Their failure to clean up their fireworks mess and inability to properly treat aquarium water before discharging it back into the Bay must end.”

Waste Discharge Violations

SeaWorld also insufficiently treats wastewater from its saltwater aquarium tanks, resulting in elevated levels of several pollutants discharging directly into Mission Bay. SeaWorld has routinely exceeded its effluent limitations for the pollutants total coliform, total suspended solids (“TSS”), copper, and enterococci. As a result, SeaWorld has been out of compliance with its Waste Discharge Permit for at least 500 days since January 1, 2020.

Problems and Consequences

SeaWorld’s multiple, ongoing permit violations result in large volumes of toxic and non-biodegradable debris, and a variety of pollutants ranging from fecal bacteria to heavy metals such as copper and chromium, discharging into Mission Bay. In June 2024, SeaWorld reported discharging hundreds of pounds of debris into Mission Bay in less than a week from just four fireworks shows. Photo and video evidence [LB1] of embers and debris falling into the water from SeaWorld’s permanent fireworks barge show the negative impact of SeaWorld’s 150 fireworks shows on Mission Bay.

Photo evidence collected from Mission Bay and Fiesta Island showing fireworks debris:

September 3, 2024 Post - Show Collection September 3, 2024 Post - Show Clean-Up Post Show Debris November 12, 2024 Post Show Debris November 12, 2024

[LB1] https://cerf.org/november-11-2024-seaworld-firework-show/

https://cerf.org/september-2-2024-seaworld-firework-show/ Photos taken by Natalie Clagett

Such discharges negatively impact Mission Bay’s water quality, ecosystem health, food webs, biodiversity, public health, and the public’s ability to generally use and enjoy this unique recreational aquatic park. This Notice Letter adds to mounting public pressure from SeaWorld’s neighbors, veterans, and conservationists who have voiced concerns about the fireworks’ resulting noise, air quality, bird and other wildlife, mental health, and domestic animal impacts.

“SeaWorld has known about the discharges and debris on Fiesta Island for years,” said Livia Beaudin, partner at Coast Law Group, attorneys for Coastal Environmental Rights Foundation. “SeaWorld even has permits to conduct drone shows which result in zero discharge to Mission Bay, but it continues to choose profits over people and wildlife.” Historical Context for Clean Water Act Permitting for Fireworks Over Water Thanks to progressive litigation and advocacy work dating back to the early 2000s, Coastkeeper and CERF were integral in requiring Clean Water Act permits for over-water firework displays.

Historical Context for Clean Water Act Permitting for Fireworks Over Water

Thanks to progressive litigation and advocacy work dating back to the early 2000s, Coastkeeper and CERF were integral in requiring Clean Water Act permits for over-water firework displays.

These advocacy efforts drove the nation’s first permits regulating the discharge of fireworks under the Clean Water Act.

About Coastkeeper

Founded in 1995, San Diego Coastkeeper safeguards our region’s inland and coastal waters through a strategic blend of community science, education, grassroots outreach, policy advocacy, and legal enforcement of environmental laws. This approach allows us to effectively tackle the most pressing water issues facing our region. For more information, visit sdcoastkeeper.org.

About Coastal Environmental Rights Foundation

CERF is an environmental nonprofit founded in 2008 by surfers in Encinitas, CA. CERF is dedicated to the preservation, protection, and defense of the environment, the wildlife, and the natural resources of the California Coast. To learn more, visit www.cerf.org.

Apr 12
0

Environmental Groups Sue Federal Government to Spur Action in Tijuana Sewage Crisis

By | Blog, Health, Media Releases, News, Water Protection

Environmental Groups Sue Federal Government to Spur Action in Tijuana Sewage Crisis

South Bay International Wastewater Treatment Plant, in San Diego at the border with Mexico,  routinely discharges extremely high levels of sewage and toxic chemicals into the Tijuana River and Pacific Ocean in violation of its Clean Water Act permit, leading to years of public health impacts, beach closures and degradation of the Tijuana River Estuary.

 SAN DIEGO –– San Diego Coastkeeper (Coastkeeper) and Coastal Environmental Rights Foundation (CERF) filed suit in federal court Thursday against the International Boundary and Water Commission (IBWC) and Veolia Water North America-West (Veolia) for violations of the South Bay facility’s Clean Water Act discharge permit. The lawsuit documents hundreds of violations of permit limits for discharges of sewage bacteria and hazardous chemicals over the past five years that have overwhelmed the Tijuana River and coastal ocean waters in San Diego with raw sewage and toxic chemicals. IBWC’s complete failure to operate the South Bay facility properly is a major cause of the ongoing public health and environmental catastrophe in the Tijuana River Valley that has led to years of beach closures, severe economic impacts and growing evidence of grave public health risks to residents of Imperial Beach, San Ysidro and other South County communities.

Coastkeeper and CERF’s suit seeks a court order requiring IBWC and Veolia to take immediate action to stop these illegal discharges. They also seek the imposition of civil penalties against Veolia for its negligent operation of the South Bay facility. Veolia is a private company contracted by IBWC to operate the South Bay Treatment Plant. Coastkeeper and CERF’s Complaint was filed in United States District Court for the Southern District of California.

IBWC is a federal agency within the U.S. Department of State charged with operating infrastructure along the U.S./Mexico border. Since its construction in 1990, the IBWC’s South Bay treatment plant has suffered from operational and maintenance failures resulting in chronic, severe pollution of coastal waters and the Tijuana River estuary. The City of Imperial Beach has borne the brunt of this impact, with its public beach closed for over two consecutive years due to polluted discharges from the facility and related discharges of raw sewage from Tijuana.

The Clean Water Act violations documented in the lawsuit include:

  • Over 500 violations of permit limits for discharges into the Pacific Ocean, including 130 violations involving extremely hazardous chemicals such as DDT and PCBs at levels thousands of times the limit. PCBs and DDT were banned in the U.S. decades ago.
  • Numerous violations from spills and discharges of bacterial pathogens, trash, and heavy metals, including lead, from canyon collectors funneling waste directly into the Tijuana River Estuary.
  • Violations of receiving water limits for bacteria in the Pacific Ocean at hundreds of times the allowable limit, in areas designated for water recreation and shellfish harvesting.
  • Failure to submit self-monitoring reports, depriving the public of meaningful access to information about the treatment plant’s discharges.

 “We are bringing this lawsuit on behalf of the people in our South Bay communities that continue to suffer the effects of IBWC’s incompetence, and the coastal and marine wildlife and natural resources severely degraded by this relentless flow of pollution,” said Phillip Musegaas, Executive Director of Coastkeeper. “We will use the power of the law to hold IBWC accountable and compel action to solve the Tijuana sewage crisis once and for all.”

“We need a holistic, fully funded solution to this public health and environmental catastrophe,” said Marco Gonzalez, Executive Director and lead counsel for CERF. “The historical patchwork of funding and planning clearly hasn’t worked. The government needs to act with the sense of urgency demanded by this situation.”

 Background

Settlement of a previous lawsuit against IBWC in 2022 for its previous pollution of the Tijuana Estuary and Pacific Ocean resulted in $300 million in funding from EPA to modernize and expand the South Bay Treatment Plant. However, IBWC was forced to acknowledge in 2023 that the plant needed at least $150 million in repairs just to bring it back to a basic operating condition, and the expansion of the plant to accommodate future needs would cost nearly $1 billion dollars. In March 2024, IBWC received an additional $103 million in federal funding to fix its decrepit facilities. Despite these infusions of funding, the South Bay Treatment Plant’s permit violations continue unabated, and huge volumes of sewage and hazardous chemicals continue to contaminate the Tijuana River Valley and local communities.

###

 About San Diego Coastkeeper

Founded in 1995, San Diego Coastkeeper protects and restores San Diego County’s bays, beaches, watersheds, and ocean for the people and wildlife that depend on them. Coastkeeper balances community outreach, education, science, advocacy, and legal enforcement to promote clean water stewardship and a healthy coastal ecosystem.

For more information, visit www.sdcoastkeeper.org

 About Coastal Environmental Rights Foundation

CERF is an environmental nonprofit founded in 2008 by surfers in Encinitas, CA. CERF is dedicated to the preservation, protection, and defense of the environment, the wildlife, and the natural resources of the California Coast. To learn more, visit www.cerf.org CERF is represented by Coast Law Group, LLP. www.coastlaw.com

CERF’s lead attorney is Marco Gonzalez

Nov 02
2

In Loving Memory of Our Dear Friend, Dave Grubb

By | Blog

We recently lost a tireless advocate for the environment and friend, Dave Grubb. Those who worked with him (or against him) knew he was thoughtful, hardworking, committed, and persistent. He actively participated in many organizations and was routinely the one keeping us organized. Dave refused to suffer laziness or euphemism – his focus was laser sharp. Yet he was involved in virtually every environmental issue in San Diego County: climate, wildlife, land preservation, water supply and quality, coastal resources, and transportation. On a personal note, I’ll miss Dave’s laugh, the way he fell asleep during late meetings, and his ability to call B.S. I’m grateful for the nearly two decades I worked alongside Dave. He will not soon be forgotten.

Dave’s Friend, Colleague, and Admirer,

~Livia

Jun 27
0

Beyond the Bang: Exploring Greener Options for Coastal Firework Shows

By | Blog

Coastal Environmental Rights Foundation (CERF) has spent countless hours dedicated to the fight against fireworks. Fireworks have been shown to cause harm to our environment, causing pollution, poor water and air quality, and negative impacts on our health. In San Diego, Sea World has nightly fireworks shows throughout May into the first week of September, totaling 83 shows. Many of these shows are six minutes long, with the Fourth of July being 16 minutes in duration. That is approximately 8.4 hours of Fireworks this season. While temporary, these events have lasting effects on animals, the environment, and humans.

Domesticated animals and wildlife are both distressed by the effects of fireworks. Dogs and cats become upset and start pacing, shaking, and seeking shelter. As a former vet tech, I have seen first-hand the devastating impact fireworks have on our furry friends. Fireworks can have devastating effects on our wildlife too. According to the U.S. Fish and Wildlife Service, “The shock of fireworks can cause wildlife to flee, ending up in unexpected areas or roadways, flying into buildings and other obstacles, and even abandoning nests, leaving young vulnerable to predators. The threat to wildlife doesn’t stop at startling lights and sounds; fireworks also have the potential of starting wildfires, directly affecting wildlife and destroying essential habitats. Litter from firecrackers, bottle rockets, and other explosives can be choking hazards for wildlife and may be toxic if ingested.”

The debris from fireworks includes cardboard, plastic, chemicals, paper, and wire. Recently, CERF had firework debris from another local show tested by an EPA-certified laboratory. As expected, this excess paper trash and exploded plastics included various toxic metals and chemicals such as zinc, iron, lead, phosphorus, chromium, and copper. While many of these occur naturally in nature, at higher concentrations, they can lead to health effects and negative impacts on aquatic and marine life. All plastic is non-biodegradable and remains in our environment indefinitely.

These colorful explosives also significantly impact our health and air quality. Firework smoke is filled with microscopic particulate matter, also called PM2.5. A 2019 study  found that PM pollutant concentrations are up to eight times higher than average after a firework show. The World Health Organization states, “PM2.5 can penetrate the lung barrier and enter the blood system. Chronic exposure to particles contributes to the risk of developing cardiovascular and respiratory diseases, as well as of lung cancer.”

It’s no surprise that fireworks also result in significant ozone and greenhouse gas emissions.

For our veterans living with Post-Traumatic Stress Disorder, fireworks can be a source of stress instead of celebration. These events can cause panic attacks, heart palpitations, and other emotional responses. The sensory overload of war-like sounds, sights, and smells is a reminder of the trauma they endured for our country.

In addition to CERF members, Residents of Ocean Beach have been fighting tirelessly to get Sea World to opt for less impactful forms of entertainment as Ocean Beach faces the brunt of these disruptions. Many residents are unhappy with the constant nightly disturbances. This year, the community (with the help of IBEW Local 569) has opted to replace its Fourth of July show on the pier with an inaugural drone light show by LUMINOSITY. It is time for Sea World to do the same.

It is 2023; it’s clear more than ever we need to make a change. Laser light or drone shows can be used instead of traditional fireworks, creating a fantastic show. We can simultaneously celebrate, be entertained, and protect our coastal waters, marine life, neighbors, and wildlife affected by fireworks’ visual, auditorial, and environmental impacts.

 

 

 

Top: April 2022 Sea World Fireworks, Bottom: April 2023 Sea World Fireworks demonstrating the discharge of debris and pollutants.

 

Kristen Northrop is Policy Advocate for Coastal Environmental Rights Foundation. She lives in Clairemont with her dog, Lambeau, and three cats, Marley, Saxa, and Tito. San Diego has become her home after living on the East Coast for much of her life. She is passionate about the environment, wildlife, and enjoys being by the water. In her spare time, you can find her either making pottery, reading, or attending concerts.  

Jun 21
0

A Message From the Field

By | Blog

Hi, my name is Gemma Luther and I am interning for CERF this summer monitoring water quality. This past week I took a walk along the Escondido Creek bike path to find a monitoring access point and get a sense of this part of the Creek and its tributaries. While there was little to no trash in the Creek, I was appalled by the green layer of algae that seemed to coat the bottom of the concrete-lined channel and the amount of sediment build-up along the sides. Both of these are strong visual indicators that the Creek receives excess nutrients and sediment, likely from prohibited discharges. The excess nutrients can trigger sudden and rapid blooms of plants, bacteria, and algae that are harmful to the aquatic environment. While this is not uncommon, it’s also not acceptable. Nutrients occur naturally, but an influx of nutrients into water bodies such as Escondido Creek comes from human activities and sources. Two of the major sources of nutrients are fertilizers and soaps which enter water bodies as runoff from storm drains due to over irrigation. Along Escondido Creek, storm drains were flowing into the Creek, indicating potential over irrigation upstream since it hadn’t rained recently. The Clean Water Act (CWA) prohibits these types of non-storm (rain) water flows.

So what can we do to fix this? First and foremost, the quality of impaired water bodies in San Diego needs to be more closely monitored so that the CWA can be properly enforced in order to protect our clean drinking water supplies, water recreational activities, and wildlife. In addition to programmatic changes, as individuals we can take small steps that make a big difference. At home, minimize use of fertilizers and check for outdoor leaks and overwatering. Better yet, replace lawns with drought-tolerant landscaping. Instead of washing your car at home, take it to a car wash where the soapy water can be conserved, recycled, and contained onsite. These small changes limit the amount of nutrients and other pollutants entering water bodies.

This summer, I will be doing my part to try to fill in water quality monitoring gaps in order to help inform CWA enforcement and policies. Check back soon for updates!

Along Escondido Creek (33.1316396147047, -117.06768748883388)

 

About Gemma: I am an incoming Senior at the University of Miami majoring in Marine Science and Biology with a minor in Ecosystem Science and Policy. I was born and raised in San Diego and grew up with a large appreciation for the ocean. I hope by doing water monitoring I am able to help fill gaps in data so the Clean Water Act goals of fishable, swimmable waters can be attained.

Fun Fact: My favorite marine mammal is the vaquita and is the reason I am interested in going into environmental policy!

 

 

 

 

 

 

 

Sep 28
0

Environmental Groups Call on County of San Diego to Account for Years of Stormwater and Urban Runoff Pollution Failures

By | Media Releases
  • County of San Diego’s own data shows a persistent pattern of releasing polluted runoff into the region’s waterways
  • Coastkeeper and CERF are hopeful the lawsuit will motivate the County to clean up their act

SAN DIEGO, September 28, 2020 – Local non-profit environmental organizations San Diego Coastkeeper (Coastkeeper) and Coastal Environmental Rights Foundation (CERF) have filed a notice of intent to sue the County of San Diego over the agency’s long history of violations of the Clean Water Act. For decades, the County has acknowledged that untreated urban runoff presents the greatest threat to water quality in the San Diego region, yet has consistently failed to take required action to comply with Clean Water Act obligations. Water quality data collected by Coastkeeper – along with the County’s own self-reported data – shows the County has repeatedly, persistently, and systemically failed to protect the region’s waterways and communities from the impacts of pollution.

Stormwater from the County’s outfalls routinely contains pathogens, excessive nutrients, and toxic metals. Individually and combined, these pollutants threaten human health, degrade ecosystems, and harm fish and wildlife.

The groups’ notice also points to evidence that the region’s stormwater contains human fecal matter after every rainfall. New studies from San Diego State University suggest this is caused by sewage leaking from failing infrastructure into nearby rivers, streams, and stormwater channels. High bacteria levels lead to beach closures and advisories after rainfall, and San Diegans are warned away from surfing and swimming until water quality improves. The County’s failure to adequately maintain its aging sewage infrastructure is partly to blame.

“The County and its leadership have demonstrated many years of neglect toward our rivers, streams, and waterways, which are grossly polluted due to their failure to comply with the Clean Water Act and laws meant to protect human and environmental health,” said Coastkeeper Executive Director and Managing Attorney Matt O’Malley. “We are hopeful we can work with the County to bring about solutions that will improve the health of our environment and better protect communities that depend on clean water.”

“Growing up in San Diego County, we were told to stay out of the water for 72 hours after each rainfall without fully understanding why. More than 30 years later, I’m telling my kids they can’t surf for three days after it rains. All the while, the County has been more inclined to push back on regulators than work towards any measure of real progress. At some point, government needs to be held accountable for its failure of leadership,” said Marco Gonzalez, CERF’s Executive Director.

The goal of the groups’ notice is to motivate the County to make real investments in water management solutions that reduce pollution, protect communities, and improve water quality around the region. Coastkeeper and CERF are hopeful County leadership will see this lawsuit threat as a wake-up call and an opportunity to invest in the health of its natural resources and emerge as a leader among governmental entities when it comes to clean water protections.

###

About San Diego Coastkeeper
Founded in 1995, San Diego Coastkeeper protects the region’s bays, beaches, watersheds and ocean for the people and wildlife that depend on them. Coastkeeper uses community outreach, education, and advocacy to promote stewardship of clean water and healthy coastal ecosystems. For more information, visit San Diego Coastkeeper online at http://www.sdcoastkeeper.org

About Coastal Environmental Rights Foundation (CERF)
CERF is a nonprofit environmental organization founded in 2008 by surfers in North San Diego County and active throughout California’s coastal communities. CERF was established to aggressively advocate, including through litigation, for the protection and enhancement of coastal natural resources and the quality of life for coastal residents. For more information visit CERF online at https://cerf.org/

Sep 09
1

CNFF and CERF Sue County of San Diego Over SB 743 Transportation Guidelines

By | Media Releases

For Immediate Release – September 9, 2020

Contacts:

Duncan McFetridge, Cleveland National Forest Foundation, Tel:  (619) 445-9638    Email: [email protected]

Sara Kent, Coastal Environmental Rights Foundation, Tel: (619) 494-1025    Email: [email protected]

Kevin Bundy, Shute Mihaly & Weinberger LLP, Tel: (415) 625-4709    Email: [email protected]

LAWSUIT CHALLENGES SAN DIEGO COUNTY’S FAILURE TO ADDRESS CLIMATE AND ENVIRONMENTAL DAMAGE FROM VEHICLE TRAVEL

SAN DIEGO, CA – Cleveland National Forest Foundation (“CNFF”) and Coastal Environmental Rights Foundation (“CERF”) filed a lawsuit in San Diego Superior Court on September 4, 2020 challenging San Diego County’s plan for addressing the climate and environmental impacts of vehicle travel as required by Senate Bill 743 (“SB 743”). Instead of adopting a plan to reduce vehicle trips caused by new development, the County chose to exempt the vast majority of potential new developments under the County’s General Plan from even examining, much less addressing, driving-related impacts.

“San Diego County keeps doubling down on sprawling, car-centered development and thumbing its nose at the law. We need a paradigm shift that unites alternative transportation and affordable housing, not the same-old-same-old backcountry sprawl, ecological destruction, and endless, dangerous commutes,” said Duncan McFetridge, Director of CNFF.

“Once again, county leadership has failed to follow data-driven laws designed to protect our region on climate. Responsible developers can, have, and will adapt to standards that will protect our shared future,” said Sara Kent, Programs Director at CERF. “We don’t need shortsighted politicians to keep outdated and polluting planning policies in place. We need them to follow the law and give us urban-centered alternatives to meet the affordable housing crisis.”

The Legislature enacted Senate Bill 743 in 2013 in order to change the way the transportation impacts of development are addressed under the California Environmental Quality Act (“CEQA”). After SB 743, rather than focusing on measures of traffic congestion and delay, agencies must address vehicle miles traveled (“VMT”) or other measures that more accurately reveal and more effectively reduce the climate, air quality, and other impacts of vehicle travel.

SB 743 supports California’s broader climate goals by ensuring that analysis and mitigation of environmental impacts under CEQA will aid in reducing greenhouse gas emissions from the transportation sector, the state’s largest source of climate pollution. Indeed, the California Air Resources Board has found that without significant reductions in VMT at the local planning level, achieving California’s climate goals will be impossible.

The lawsuit challenges San Diego County’s SB 743 plan as directly counter to the state legislation it purports to implement. Rather than require analysis of future projects’ contribution to VMT in accordance with SB 743, the County’s plan will exempt the vast majority of General Plan developments from any requirement to reduce VMT, and will facilitate increased greenhouse gas emissions from future development projects without any disclosure, analysis, or mitigation.

The lawsuit follows on the heels of a recent Court of Appeal decision that vacated the County’s Climate Action Plan. In that case, the court zeroed in on the County’s strategy to allow massive sprawl developments to offset hundreds of thousands of tons of climate pollutants by buying carbon credits. But these offsets at best would address pollution primarily in other parts of the country or even the world, doing nothing to reduce greenhouse gas emissions and other pollution generated in San Diego County.

“The County keeps taking legal shortcuts, and it keeps losing in court,” said McFetridge. “We’re running out of precious time to start solving our housing and transportation problems in San Diego. We need to stop playing legal games that profit a few at the expense of the many.”

CNFF and CERF are represented in the litigation by Shute, Mihaly & Weinberger LLP and Coast Law Group LLP. A copy of the petition and complaint can be found here: Petition-Complaint – 9-4-20

Dec 19
1

Suit Filed Against City of San Clemente in Effort to Halt Unlawful Zoning Regs

By | Cities

On Nov. 26, 2018, Coast Law Group LLP filed a lawsuit on behalf of Plaintiffs San Clemente Coastal Access Alliance and Coastal Environmental Rights Foundation against the City of San Clemente. The groups challenge the City’s enforcement of its short-term lodging unit restrictions within San Clemente’s coastal zone.

Plaintiffs challenge the City’s unlawful enforcement of its Short-Term Lodging Unit (STLU) Zoning Regulations without the required approval from the Coastal Commission. Not only is the City’s enforcement of the regulations unlawful, it negatively impacts the public’s access to vacation rentals, which are often used by visitors seeking low cost accommodations. According to a recent statewide study conducted by Probolsky Research for the California Coastal Conservancy, while 51 percent of white California residents say they stay overnight when they visit the beach, 74 percent of Latinos, 70 percent of Asians and 64 percent of African-Americans say they do not, with price being the main reason.

The City declined Plaintiffs’ settlement offer at its December 18th meeting, opting instead to spend thousands of taxpayer dollars on attorney fees. Plaintiffs will seek a preliminary injunction to stop the City from enforcing its regulations until the Coastal Commission has a chance to review and approve them.

Plaintiffs’ Petition for Writ of Mandate can be accessed here. 

Coastal Environmental Rights Foundation is a non-profit organization dedicated to the enforcement of environmental laws, raising public awareness about coastal environmental issues, encouraging environmental and political activism, and defending natural resources in coastal areas.

San Clemente Coastal Access Alliance is a community group that was organized for the purpose of representing the interests of the public in assuring compliance with the State’s environmental and land use laws and the Coastal Act.