Ballona Wetlands: State Asks Court to Toss Activist Lawsuit

After several unsuccessful attempts to reach a settlement, the California Attorney General has asked a Los Angeles Superior court judge to end a lawsuit brought by Ballona Wetlands Land Trust (BLT) against the state Fish and Game Commission and Department of Fish and Wildlife.

In a July 10 filing, state attorneys argued that BLT’s lawsuit is devoid of facts to support its action and that recent changes in the law render the lawsuit moot.

In a prior lawsuit in which BLT prevailed, the court ordered the state agencies to determine whether the Culver-Marina Little League and L.A. County Sheriff’s land leases were consistent with the Ballona Wetlands Ecological Reserve Land. The Sheriff uses a paved parking lot next to Fiji Way. The Little League has played baseball at its location next to the Marina Freeway for 45 years.

Both tenants’ leases pre-date the state’s acquisition and 2005 designation of the land as an ecological reserve. The agencies complied with the court order, finding that the preexisting uses were compatible with the purpose of the Reserve land.

BLT promptly sued a second time, claiming the agencies had abused their discretion. In their response, the state argued that BLT was simply attempting to continue its prior lawsuit, “dissatisfied with the result of the [agencies’] determination.”

Above: BLT has repeatedly sued agencies in an attempt to stop the restoration of this weedy 200-acre area south of Fiji Way

In their July 10 filing, the Attorney General essentially asked the court to throw out the BLT lawsuit, noting the plaintiff “fails to cite any statute or regulation” establishing a duty that the agencies allegedly failed to perform, and that BLT “appears to pull that supposed duty out of thin air.”

Above: Rendering of the state’s proposed Ballona Wetlands Restoration

Lead by activist Walter Lamb, BLT has a long record of litigation related to the Ballona Wetlands, having filed 19 lawsuits since 2004. In one recent suit, BLT and other co-plaintiffs together extracted $560,000 from taxpayers via a settlement; funds that could have been used to advance the Ballona Wetlands Restoration Project.

A court hearing on this case is set for August 28, when the judge could schedule a trial or toss out BLT’s lawsuit, as requested. Stay tuned.

Enjoy your Ballona Wetlands!

References:

Case No. 24STCP03147. Los Angeles County Superior Court

Opinion: Ballona Wetlands Shakedown. Marina Del Rey Patch, February 10, 2024

Ballona Wetlands: Lawsuit Could Evict Culver-Marina Little League. Marina Del Rey Patch, November 29, 2024

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 Board of Ballona Discovery Park in Playa Vista. Dr. Kay is a staunch advocate for the state of California's plans to restore the Ballona Wetlands Ecological Reserve.

From 1984 until 2022, Dr. Kay 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.

Dr. Kay earned bachelor and masters degrees in biology and a doctorate in environmental science.

See Dr. Kay’s Patch Community Contributor profile here.