Ballona Ecosystem Education Project v. California Department of Fish & Wildlife

The California Court of Appeal rejected a California Environmental Quality Act (CEQA) challenge to the California Department of Fish and Wildlife’s approval of a project to restore, enhance, and establish native coastal wetland and upland habitats in the Ballona wetlands ecosystem in Los Angeles County. The project’s objectives included establishment of habitats that are “self-sustaining” by adapting to sea level rise; improving tidal circulation into the wetlands; and developing public access for recreation and educational activities. One CEQA argument raised by the petitioner was that the Department failed to account for sea level rise that would make areas of the ecosystem uninhabitable by certain terrestrial bird species. The court cited precedent holding that CEQA environmental impact reports (EIRs) are not required to address “the significant effects of the environment on the project.” The court therefore concluded that the EIR “was not deficient for failing to address or mitigate the effect of sea level rise on raptor foraging habitats.”