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Heal the Bay Blog

In 2008, Mayor Antonio Villaraigosa released a visionary plan for moving Los Angeles away from its reliance on imported water. The mayor’s plan was reasonable and achievable; we just have to follow it.

Read more from Mark Gold at the Los Angeles Times.

Photo: Eflon via Flickr



The city of Malibu scored an absolute knockout Thursday in Round 3 of the battle for improved water quality at Surfrider, Malibu Lagoon, and nearby beaches. Watching Malibu City Attorney Christi Hogin close the done deal for weakened septic system regulations with the Los Angeles Regional Water Quality Control Board was like watching boxing champ Manny Pacquiao take on Woody Allen.  No contest. Hogin should be in line for a big raise for negotiating a deal for Malibu that will save ratepayer’s millions at the probable expense of water quality at beaches visited by millions of visitors each year.  And she did this when Malibu’s only leverage was its stated threat of litigation against the Regional Water Board for enforcing previously approved prohibitions. The board had already unanimously voted for regulations against new septic tanks and phase out of existing ones in the civic center area in favor of a centralized waste water treatement and recycling facility.

The reward for Malibu’s threat to sue was a unanimous 6-0 Regional Board vote to approve a MOU that severely undercuts the previously Board approved Basin Plan amendment to prohibit land discharges of sewage in the Malibu civic center.

Despite a nearly five-hour hearing, and extensive testimony from Santa Monica Baykeeper, Surfrider Foundation, Malibu Surfing Assn., Heal the Bay and many others, the board only made trivial changes to the MOU.

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Major Corporate Interests Lose at the Supreme Court! A dream headline to be sure, but it wasn’t a U.S. Supreme Court decision. It was California’s Supreme Court that did the right thing Thursday. The court issued a unanimous opinion that Manhattan Beach did not need to complete a burdensome and costly EIR to move forward with its single-use plastic bag ban. Major props to Manhattan Beach for sticking with this case all the way to the Supreme Court.

The decision should lead to the proliferation of more local plastic bag bans throughout the state. The city of Los Angeles has no further excuses to delay moving forward with a citywide ban on plastic bags. The Mayor and City Council long ago agreed to move forward on a ban, but the looming EIR requirement was used as an excuse to delay action.

John Murdock, Heal the Bay’s attorney on the case said, “I think the issue will fade from the litigation scene unless the plastics industry just wants to toss away more money for harassment purposes.”

Murdock’s arguments representing Heal the Bay as an amicus in the case were some of the prevailing arguments. His brief emphasized that Manhattan Beach’s ordinance is environmentally beneficial, not detrimental.  Also, the court looked favorably on his argument that the city is far too small to cause significant impacts on such enormous issues as global warming and deforestation, in the unlikely event consumers switched from plastic to paper.

Stephen Joseph, poster boy and attorney for the plastic bag industry, and the plastic bag manufacturers may finally stop picking on cities that attempt to protect our aquatic environment through bag bans. Also, the decision sends a strong message that these frivolous lawsuits brought by polluting interests against environmental laws under the guise of the California Environmental Quality Act are a waste of time and money.

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On Thursday, the California Supreme Court issued a decision reversing a previous Court of Appeal decision that ruled the City of Manhattan Beach should have conducted a full Environmental Impact Report to inform their plastic bag ban ordinance adopted back in July 2008.

A group of plastic bag manufacturers known as Save the Plastic Bag had opposed the City of Manhattan Beach plastic bag ban, arguing that switching to paper bags would actually increase the volume in landfills and have other adverse environmental impacts. The California Supreme Court reversed a previous decision by the Court of Appeal (who sided with Save the Plastic Bag) concluding “substantial evidence and common sense support the city’s determination that its ordinance would have no significant environmental effect.”

This ruling now paves the way for cities considering similar policies to move forward. The decision sends a strong message that these frivolous lawsuits brought by polluting interests against environmental laws under the guise of the California Environmental Quality Act are a waste of time and money.

To read more about the case, see Mark Gold’s blog post, “Sweet Justice.”

Photo Natalie Burdick



Round three on the great debate over what downtown Malibu will do with its sewage is scheduled for the Regional Water Board hearing this Thursday in the nearby beach city of Glendale.  Will the infamous Malibu smell waft into olfactory history?  The answer may or may not be clearer after Thursday.

As I previously blogged, the proposed wastewater Memorandum of Understanding (MOU) has many flaws including: no true accountability for the city of Malibu in the event residents reject a sewer assessment fee; the creation of a new, enormous Phase 3 with a compliance period of 2025, and even then, only if studies demonstrate that onsite septic systems are contributing to water quality problems in Malibu Lagoon; and the inclusion of systems in Phase 3 (Malibu Road, much of Winter Canyon and the Hughes Lab on the hill) that would have to defy the laws of physics to pollute Malibu Lagoon, but not groundwater or Malibu’s beaches.  I’m sure the fact that Phase 3 residents have as good a chance of approving an assessment district as winning the state lottery had nothing to do with the creation and geography of the third phase.

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Now that my kids are older, my dream of sleeping in past 6 a.m. has become a reality on weekends for the first time in 18 years.  In my eyes, my 11-year-old daughter Natalie’s insistence in competing in the Regional Paddle Board Race this past weekend was an unwelcome infringement on my modest aspirations.  Natalie is an L.A.  County Junior Lifeguard at Will Rogers and she’s recently learned to enjoy paddling.  Race registration started at 7:30 a.m. and the race was off of Avenue I in South Redondo Beach, so a 6 a.m. wake-up was a must. 

When my wife Lisette, Natalie and I parked and started walking down to the beach, I was struck by the fact that there were hundreds of cardinal and gold-clad children and adults on the beach (always uncomfortable for a lifetime Bruin). The fact that there was a moderate 2-4 foot swell delivering pure shorebreaking close-outs didn’t help either.  I was having trouble visualizing how my 65-pound daughter (when wringing wet) was going to maneuver a foam paddle board through the surf to start and finish the race.

As I got closer to the beach, I saw that the sponsor of the race was Hennessey’s Tavern.  The sight of hundreds of children wearing rash guards promoting a chain of bars struck me as more than a little odd.  But then I remembered that it was the South Bay.  What I mean by that is that Hennessey’s started in Hermosa Beach so a local sponsor made sense, although maybe Body Glove is a more appropriate sponsor for the JGs portion of the race.

After we waited in line to register, get Natalie’s race-rash guard and other swag, and have her race number drawn on her arm and leg, she was ready to go.  The only problem was that the race didn’t begin for nearly a half hour.  During the wait, I overheard many a kid express serious doubts about going through with the half-mile race in rough conditions.  I asked Natalie if she really wanted to race and she gave me one of those “Yeah Dad” comments that sounded more like “Don’t be such a wuss” to my trained ear.

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Editor’s note: Roberta Brown is a Santa Monica-based writer, fight choreographer and mother (three vocations that she says go surprisingly well together). She is the West Coast Editor for Nickelodeon’s ParentsConnect.

I think I may have actually done a happy dance when I found out that the Santa Monica Pier Aquarium is launching its own summer camp this year. What I know for sure is that I booked my son a spot right way.

I suppose I should confess to a slight bias: we LOVE the aquarium. We love its perfect size (big enough to fascinate kids, small enough for parents to relax); its fabulous staff (with knowledge and enthusiasm in huge, equal parts); its escape-artist octopus (who probably didn’t mean to flood the place a few years back); its frisky sharks (who never fail to spray out-of-town relatives); and its brand-new, mesmerizing sea horses. When my son was in preschool we always entered the fray to get into those Reggio-esque Micro Biologist classes – arguably the single best drop-off class for 3 to 5-year-olds in town. My preschooler came home able to articulate the differences between sea mammals and big fish, the many uses of seaweed and how to tell a sea lion from a seal. (Can you??)

As he approached the age of no return for those classes, we were sad to discover that – at least at the time – only the littlest tykes were lucky enough to get the behind-the-scenes, inside story on all things aquarium. The following year we had to get our aquarium fix with a birthday party there.

But back to that happy dance, we found out a few weeks ago that this summer the aquarium is offering a summer camp. We’re in, out, and around this summer, so we opted for the occasional day option, but I’m already imagining those days: I drop my son off so that he can learn more about the ocean in a few hours than I’ve managed to learn in 40-something years, then I go open my laptop to work in that quiet, breezy room at the Annenberg Beach House that I’ve been promising myself since it opened. Later I pick up my son, who is beached-out and educated all in one go, and I feel like a hero treating him to an ice cream at the carousel. Or maybe on Thursday we follow up camp with a picnic and a concert on the pier. That’s more summery than corn on the cob.
 
And when it’s all over, when all the sand has been brushed off all the feet, maybe he can finally clarify for me the difference between a seal and a sea lion.

-Roberta Brown

Editor’s note: Limited spaces are still available in the Santa Monica Pier Aquarium Summer Camp and will be filled on a first-come, first-served basis. Learn more about the Science Adventures Camp and register online now.



Our Stream Team recently discovered some illegal dumping going on in Cold Creek in the Malibu Creek watershed. A very large amount of yard waste and woody debris had been dumped off from Piuma Road into the stream channel.

When yard waste is left to decay within a creek it can lead to a variety of water quality impacts. The decomposition process consumes oxygen, which can lead to the suffocation of aquatic species. Also, during the decomposition process, nutrients such as nitrogen and phosphate are released, which can result to an unhealthy build up of algae.

Not only does dumping yard waste into a creek have a multitude of adverse affects on its water quality and biological communities, it is also illegal.

Learn more (CalabasasPatch post featuring letter and photos by Kevin Jontz, Stream Team Monitoring Specialist).



This week Chile joined the ranks of the many nations that have banned the practice of shark finning. Shark finning is a brutal process. Sharks’ fins are sliced off and the sharks are then thrown back overboard where they bleed to death, are eaten by other animals or drown. Sharks now caught in Chilean waters will be required to be landed with fins naturally attached.

Millions of sharks are killed annually for their fins, which are often used in shark fin soup. Other nations that have banned the practice of shark finning include Palau, the Maldives, Honduras, the Bahamas, India, Ireland, Italy, Lithuania, Malta, Mexico, Namibia, the Netherlands, New Zealand, Nicaragua, Oman, Panama, Portugal, Romania, Samoa, Scotland, Seychelles, Slovenia, South Africa, Sweden, Taiwan and the Untied States, according to Oceana.

Despite this great news, we still need your help to pass AB 376, the bill to ban the sale of shark fin products here in California.

More information (USA Today article).

Photo: Stormydog via Flickr



Scientists recently compared the waters off California to Africa’s Serengeti Plain, famous for its abundance of wildlife.  The California Current eco-system is home to many species. Scientists tagged and tracked more than 4,000 animals and found that the Current is very important to the ocean’s top predators, such as sharks and whales.

Learn more about the “Main Street” of the north Pacific Ocean.

Photo: Kohane via Flickr