The opening brief was filed this week for the Oct. 27 court hearing in San Francisco that will determine whether the Malibu Lagoon is saved from destruction.
On Wednesday morning, two biological researchers from UCLA sent me greetings along with some beautiful wildlife photos they'd taken at Malibu Lagoon. Vladimir and Irina Kasho, molecular biologists from Russia, have been busy in their lab this summer, but they were grateful for a break to visit one of their favorite places on the coast this past weekend. In their message to me, they expressed gratitude to those who have come together to make sure that Malibu Lagoon would be intact this summer.
The Kashos have been supporters of the lawsuit filed to challenge a decision by the California Coastal Commission that would have meant the entire western marsh would have been drained, bulldozed and dredged. More than 87,000 cubic yards of soil excavation and fill is part of the plan. This is living soil that is part of the marsh ecosystem, all scheduled to be piled on top of the lagoon parking lot to dry out and die before being either trucked out (most of it) or re-sculpted into a few small islands in the project scheme.
Proponents claimed they would have caught the fish and moved them, but the Kashos' photos prompt several questions:
This week, two fine public interest lawyers—James Birkelund, who worked for the Natural Resources Defense Council before starting his own firm, and Rose Zoia, who specializes in the California Environmental Quality Act—filed the opening brief for a hearing that is scheduled for October 27th. The document is attached to this piece.
We've taken several supporters on nature walks in the lagoon this summer, and each time we are astounded by the amount of life there. Fish—large and small—by the millions, colorful dragonflies alighting on rocks and flowers, shorebirds, wading birds, waterfowl, songbirds—hunting for food, singing for territory protection, interacting with other wildlife.
It's a celebration of life. If only the judge could come for a visit.
Marcia Hanscom is director of the Wetlands Defense Fund and managing director of CLEAN, two of the petitioners in a lawsuit challenging the Malibu Lagoon project.
The Kashos have been supporters of the lawsuit filed to challenge a decision by the California Coastal Commission that would have meant the entire western marsh would have been drained, bulldozed and dredged. More than 87,000 cubic yards of soil excavation and fill is part of the plan. This is living soil that is part of the marsh ecosystem, all scheduled to be piled on top of the lagoon parking lot to dry out and die before being either trucked out (most of it) or re-sculpted into a few small islands in the project scheme.
Proponents claimed they would have caught the fish and moved them, but the Kashos' photos prompt several questions:
- What would the pied-billed grebe young in the photo have eaten if there were no fish near the first bridge where the photo was taken?
- Would the pied-billed grebes have even been able to mate and nest in the area with the bulldozing sounds and moving of earth all around and water having been drained and the tule reeds ripped out from the area where they nest?
- Would the pied-billed grebes have even stayed in the area, given the bridges were to be demolished as well?
- And what would the hundreds and hundreds of surfers, beach-going families and wildlife observers be doing this summer, as they would be directed around a highly intensive construction project that would be removing the wooden bridges that were essential to their experience?
This week, two fine public interest lawyers—James Birkelund, who worked for the Natural Resources Defense Council before starting his own firm, and Rose Zoia, who specializes in the California Environmental Quality Act—filed the opening brief for a hearing that is scheduled for October 27th. The document is attached to this piece.
We've taken several supporters on nature walks in the lagoon this summer, and each time we are astounded by the amount of life there. Fish—large and small—by the millions, colorful dragonflies alighting on rocks and flowers, shorebirds, wading birds, waterfowl, songbirds—hunting for food, singing for territory protection, interacting with other wildlife.
It's a celebration of life. If only the judge could come for a visit.
Marcia Hanscom is director of the Wetlands Defense Fund and managing director of CLEAN, two of the petitioners in a lawsuit challenging the Malibu Lagoon project.
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