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.

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:

  

[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.

• 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/

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