Group sues over Cargill: Environmentalists take issue with EPA removing Redwood City salt ponds protections

“Once again the Trump administration has gone to their favorite agency, the EPA, and told them that the Clean Water Act, which we’ve been living with for years now to save everything imaginable in our water, starting with drinking water, does not apply to these phenomenal lands,” Joe Cotchett, the lead lawyer representing the above groups, said at a press conference Tuesday. “What we’re saying to the court is they’ve got to stop the Trump EPA from doing what they’re doing to ruin our environment.”

On Tuesday, U.S. Sen. Dianne Feinstein came out in support of the lawsuit. 

“The administration’s failure to protect the San Francisco Bay salt ponds puts the Bay’s entire ecosystem at risk,” she said in a statement. “The health of the San Francisco Bay will largely be determined by the future of these surrounding salt ponds. We can’t let the administration shirk its responsibility to safeguard this national treasure.” 

The U.S. Environmental Protection Agency declared the salt ponds exempt from the Clean Water Act in March, arguing that the 1,400-acre property used for salt harvesting does not include “waters of the United States” because the site was converted to dry land long before the CWA was enacted.

The move enraged environmentalists and elected officials alike, who feared a massive development proposal would soon follow. In 2009, Cargill and its developer partner, DMB Ventures, proposed to build 12,000 homes and more than 1 million square feet of commercial space on the site amid some wetlands restoration. The proposal was dropped in 2012 because of widespread opposition. 

While a new development proposal has yet to be submitted to Redwood City, DMB announced soon after the EPA’s ruling that it would begin engaging the public about the future of the site. The project has been branded “Reimagine Saltworks.” 

David Smith, a DMB representative, described the lawsuit as unproductive in a statement Tuesday and said community engagement will proceed in spite of it.

“The litigation is an unproductive distraction that will not alter our community engagement,” the statement reads. “We are disappointed the California attorney general and local groups chose to pursue litigation rather than join the community discussion.” 

In August, more than 60 elected officials and environmental and community groups penned a joint statement in opposition to development of the salt ponds. U.S. Rep. Anna Eshoo, D-Palo Alto, and Assemblyman Marc Berman, D-Palo Alto, and four San Mateo County supervisors were among the signatories. 

Redwood City Mayor Ian Bain is also opposed to development of the salt ponds. Any future development proposal will need approval by the City Council.

David Lewis, executive director of Save the Bay, said during the press conference he’s confident the lawsuit will be successful. 

“We have powerful legal strength, we have political support, we have public support and we have history on our side so we know we’re going to win,” he said.

zachary@smdailyjournal.com

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