Politics & Government
Ballona Wetlands: Court Rules Against Activists’ Gas Well Lawsuit
The Superior Court rejected Defend Ballona Wetlands' petition to invalidate the Coastal Commission's gas well plugging permit
On December 29, Los Angeles Superior Court Judge James Chalfant rejected a lawsuit brought against the California Coastal Commission by activist group Defend Ballona Wetlands (DBW). The lawsuit challenged the Commission’s July 2024 permit allowing the Gas Company to plug and abandon several gas monitoring wells serving the company's Playa Del Rey Gas Storage Facility. The judge cited multiple reasons why DBW’s legal arguments failed.
Above: A tidal channel in Area B of the Ballona Wetlands Ecological Reserve.
DBW had generally argued that the Commission should not have issued the permit because the well plugging and abandonment was part of Cal Fish and Wildlife’s (CDFW) Ballona Wetlands Restoration Project. If CDFW proceeds with the restoration as planned, the Gas Company must abandon several old wells which now occupy Ecological Reserve property.
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Above: the Ballona Wetlands Ecological Reserve
DBW asserted the Commission’s permit amounted to “piecemealing”, or breaking apart the Restoration Project into smaller parts to avoid environmental review, which is not allowed by state law. However, the state considers the Coastal Commission’s review process to be “CEQA-equivalent”, so the well-plugging work in fact received a thorough environmental assessment.
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The Restoration Project, in planning for over two decades, has been delayed by prior litigation also brought by DBW and three other plaintiffs. They obtained a narrow court decision (by the same Judge Chalfant) in 2023 which required CDFW to revise the project Environmental Impact Report, a separate matter still underway.
The Coastal Commission lawyers rebutted DBW’s petition, and the Judge agreed that the Gas Company work was independent of the proposed Restoration Project and therefore there was no piecemealing by the agency. The ruling can be found at this Google Drive Link.
Above: A drill rig in Area A of the Ecological Reserve being used for well plugging and abandonment
The Gas Company sought the Commission permit and a permit from the state Geologic Energy Management Agency (CalGEM). CalGEM had ordered the Gas Company to test and potentially plug and/or abandon the wells at issue because of a risk of leakage. Since the wells would eventually have to be abandoned if the Restoration went forward, the Gas Company chose to abandon the wells now. Most of that work is now complete.
Above: The Coastal Commission permit contains special requirements to ensure the endangered Belding's Savannah Sparrow is protected. Photo by Patrick Tyrrell.
Above: The Venice-Playa Del Rey area has a long history of fossil fuel extraction. Empty underground formations which once produced petroleum are now used to store natural gas.
Naturally, DBW sought recovery of court costs and attorneys fees from taxpayers. A hearing is set for February 3, 2026 to finalize the court’s judgement and decide who pays for all this fruitless trouble.
Enjoy your Ballona Wetlands!
References
Case No. 24STCP02620. Los Angeles County Superior Court. Defend Ballona Wetlands vs California Coastal Commission, et al.
California Coastal Commission. Coastal Development Permit No. 9-23-0817 https://documents.coastal.ca.gov/reports/2024/7/F9b/F9b-7-2024-report.pdf
Author’s disclosure of 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 Boards of Ballona Discovery Park in Playa Vista and the Playa Vista Parks and Landscape homeowners association.
David is a staunch advocate for the state of California's plans to restore the Ballona Wetlands Ecological Reserve.
From 1984 until 2022, David was 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 retired in 2022 as Senior Manager for Major Project Environmental Management at the company, after 38 years of service.
David earned bachelor and masters degrees in biology and a doctorate in environmental science.
See Dr. Kay’s Patch Community Contributor profile here.
