Features

Court allows suit over naval station to proceed

The Associated Press
Thursday February 08, 2001

LOS ANGELES — A federal appeals court has ruled that environmental and preservation groups can sue the U.S. Navy over demolition of the Long Beach Naval Station that was home to bird habitats and historic buildings. 

“It was outrageous,” said attorney Richard I. Fine, who represented the plaintiffs.  

“They destroyed over $500 million worth of buildings. It was horrible.” Use of the closed naval installation was at the center of a heated political battle in the late 1990s when the city of Long Beach proposed an agreement with the China Ocean Shipping Co. to establish its own cargo port on the property. 

Two California congressmen opposed the plan, claiming the property could become a base for Chinese spying and smuggling. That plan was abandoned. 

The appeals court ruling issued Tuesday involves the removal of ficus trees that served as habitat for rare birds and the demolition of buildings designed by architect Paul Williams that might have been appropriate for inclusion on the National Registry of Historic Places. 

The attorney who represented the city of Long Beach in the protracted litigation said adequate environmental studies were done to determine how best to use the property. 

 

 

A mitigation fund was set up to move some 50 adult ficus trees to other locations, according to Principal Deputy City Attorney Dominic Holzhaus. 

Other measures provided for a shallow water habitat for the black-crowned night heron, one of the species of birds believed to be endangered by the demolition. The birds have been thriving in the new location, Holzhaus said. 

The 9th U.S. Circuit Court of Appeals ruling written by judge Stephen Reinhardt said the fact the naval station has already been demolished does not make the issue moot. 

Bird watchers want the U.S. Navy to repair damage done to the bird habitats and to consider more environmentally acceptable uses for the property. 

“The bird watchers have shown a concrete and particularized interest in observing the birds and their habitat from land adjacent to the station,” the ruling states. 

The appeals court sent the case back to a federal district court. The citizen groups plan to ask U.S. District Judge Dean Pregerson to order the Navy to reconsider uses for the land that might include restaurants and commercial buildings, Fine said. 

The city, however, has arranged to lease the naval station property to Hanjin, a Korean shipping line that is already operating a newly constructed terminal. Other buildings remain under construction. 

The Navy plans to transfer ownership to the city after completing a mandated cleanup over the next year. It must decide whether challenge the appeals court ruling or return to district court for resolution, Holzhaus said.