They’re Bluffing


By John Davis

Catellus Development Corporation is trying to destroy the last remaining coastal wetland bluff in Los Angeles County. But two recent turns may hamper the attempts to convert this natural habitat into 114 luxury homes.


First the Regional Water Quality Control Board has determined that the Catellus has violated both State and Federal permits. A local Congresswoman has also introduced a bill into the House of Representatives requesting a study that may bring the bluff into the National Park System.

The bluff rises above the western portion of the Ballona Wetlands that are now owned by the State of California.

Ballona Bluff is a scenic natural landform that can be seen from many high points in Venice, Mar Vista, Santa Monica, and other local communities.

As you drive South on Lincoln Blvd. towards LAX past Marina del Rey, the damage is obvious.

In addition to removing valuable habitat necessary for wildlife in the wetlands; filling a vernal pool wetland (seasonal pool) below the project; filling a natural canyon; leveling the rolling topography; and wantonly removing the remains of Native Americans. They cut a giant scar across the face of the bluff to create an access road for 114 luxury homes. They also poisoned all the wildlife by injecting the ground with toxic poisons.

The Coastal Commission in 1999 first denied this project which straddles the Coastal Zone objecting to the impacts on sensitive coastal resources and scenic values.

Then, a year later after heavy lobbying by Catellus, they rolled over and played dead without any real explanation and approved the project.

Since that time three lawsuits have been filed; a lawsuit by native peoples, another by local residents and environmental organizations, and a final suit by the Sierra Club.

The Club is the oldest and most venerable environmental organization in the world. Founded by visionary Scottish poet John Muir, he worked with U.S. President Teddy Roosevelt to preserve the treasure of the Great Sierra Mountains of California. They were largely preserved. Now the Club has filed a lawsuit against the California Coastal Commission for approving a road through an ecologically sensitive area when other alternatives were available. Catellus, one of the largest real estate developers in the U.S. and owner of Union Station in Los Angeles is also named in the lawsuit.

At this point the Sierra Club lawsuit is before the California Supreme Court. The Sierra Club requested a restraining order last fall to prevent Catellus from allowing mud and sediment from running off into the sensitive wetlands below.

The request was denied because Catellus apparently provided the Court with misleading information. It was claimed that if the restraining order was granted it would cause massive erosion into the wetlands. They said if they were allowed to continue the project through the rainy season no mud would be spilt into the sensitive Ballona wetlands.

But when it did rain, the lies were exposed. The measures employed by the developer, such as sandbags, were overwhelmed by several storms sending tons of sediment into the wetlands and ruining habitat.
What is even worse is that in the storms of late March of this year not only did the mud spill over the sandbags, Catellus used pumps to spill large volumes of muddy water over the canyon they had filled and into the wetlands below.

They did this without first seeking a permit from the Regional Water Quality Control Board which is charged with administering the U.S. Clean Water Act and Water Pollution Act.

When the Supreme Court requested an update from the Sierra Club on activities that have occurred since last year, the Club responded by showing that the Ballona Wetlands were damaged by muddy discharges from the project.

The Club included a document from the Water Board showing that Catellus was in current violation of State and Federal Permits.

Now Catellus is attempting to finish the project before the Court can hear the case, making the case moot. But the Sierra Club’s masterful attorney has cited a lawsuit proving a developer cannot eliminate a legal challenge by finishing the project before the Court can hear the case.

There is great political will against this despicable project. The honorable Congresswoman Maxine Waters has introduced a bill to the House of Representatives requesting that Ballona Bluff be studied for acquisition by the National Park System. Congresswoman Harmon and Senators Boxer and Feinstein should be contacted and encouraged to join Congresswoman Waters in her valiant attempt to bring this valuable habitat into public hands for restoration and preservation for future generations and to further show respect for the Native Americans who called this place home for thousands of years.

This lawsuit is important because it upholds a landmark decision in the Court of Appeals in the Bolsa Chica wetlands case that provides strong protections for other wetlands throughout the State.

When the Supreme Court asks both sides to throw down their cards, my prediction is that Catellus is only bluffing.

Posted: Wed - September 1, 2004 at 03:55 PM          

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