Savvy Compromise

The idea of environmental groups accepting a cash settlement from developers in return for dropping a lawsuit is an unsettling. one.

The Sierra Club has such a lofty reputation that few people question its motives or ideals, even when they disagree with its positions.

So it came as quite a shock to many that the Sierra Club and San Diegans for Managed Growth were considering a settlement of $500,000 or more from two developers whose projects were possibly jeopardized by a lawsuit the groups had filed against the city.

The groups said they planned to use the money to set up a foundation, which could intervene in future cases to protect sensitive lands and the city’s urban reserve.

Disclosure of the negotiations brought on a furor of criticism from builders and politicians. Mayor Maureen O’Connor accused the environmental groups of selling out. Builders, afraid of setting a precedent, pressured the two developers to back off from a settlement that would have given environmentalists the freedom to decide how the money would be spent.

At issue in the suit is whether the City Council improperly gave the developers permission to build on 320 acres in the city’s northern tier, land that the environmentalists claim cannot be developed without voter approval. The environmentalists lost the first round when a judge said the statute of limitations had been exceeded, a ruling they are appealing. The developers, hoping to speed resolution of the case, offered the groups a settlement.

Settling lawsuits out of court is an everyday occurrence in most legal circles. Each side weighs the chances of winning and the costs and risks of continuing a case. Practicality often prevails over principles.

Environmentalists and other public-interest groups face the same legal hurdles as other litigants. But they wage their battles mostly with volunteers, while their adversaries are often financial Goliaths.

So, perhaps even more than other plaintiffs, public-interest groups have to temper idealism with realism. They do this when they decide whether to file a suit, when they decide how much money and volunteer time to devote to the suit and whether to appeal.

It would be unreasonable to expect them to refuse all settlements, which are fairly rare and probably should be if public-interest groups want to maintain the public’s trust.

But, in some cases, settling might provide the funds to allow public-interest groups to better succeed with future efforts.

Settling doesn’t necessarily mean selling out; it may just be smart strategy. And, in San Diego, where most elected officials tend to favor development, environmentalists need to be smart.