Judge Rejects County Report on Effects of El Toro Airport

A San Diego judge Tuesday issued a final ruling that the environmental impact report for a civilian airport at the El Toro Marine Corps Air Station understates the project’s impact on noise, traffic and pollution for surrounding communities.

In giving airport foes their first victory, Superior Court Judge Judith McConnell reaffirmed her Oct. 10 preliminary decision that Orange County planners did not adequately estimate the project’s size or the environmental effects on South County communities.

The county’s “own data projections show the proposed project will service more than could otherwise be serviced by the region’s existing and planned airport capacity,” wrote McConnell. “Again, by not taking this into account, the EIR artificially minimized the proposed project’s environmental impacts.”

Although the decision probably will be appealed, the long-term implications are unclear until Nov. 14, when McConnell is expected to issue a follow-up missive that spells out what actions she wants taken.

However, attorneys for the anti-airport groups that filed suit challenging the environmental impact report speculated Tuesday that at the very least, McConnell intends to invalidate both the massive environmental study and the base reuse plan.

“That leaves the county with nothing,” said Richard Jacobs, the attorney representing the El Toro Reuse Planning Authority. “When we first went into this case I thought the EIR was Swiss cheese, and now the court has confirmed that. The flaws are systemic and fundamental.”

Lawyers for ETRPA and Taxpayers for Responsible Planning, which also sued over the report, asked the judge to order a temporary halt to planning until the environmental impact report is revised.

“This decision should send a clear message that arrogance, bully tactics and an intoxicated use of taxpayer money cannot prevail over California environmental law,” said Bill Koggerman, head of TRP.

County officials downplayed the ruling, saying they will address all of McConnell’s concerns when they prepare the final environmental document for the airport.

“I am surprised by the judge’s ruling and do not believe that her decision accurately reflects the facts of the case,” said county Chief Executive Officer Jan Mittermeir. “The EIR is thorough and accurate and complete. . . . I am confident that our analysis and the EIR will be upheld on appeal.”

Added County Supervisor Charles V. Smith: “I am disappointed but not surprised. The county will appeal this decision and we will continue with the planning process.”

Airport foes said it would be irresponsible of the county to continue spending taxpayer money on an appeal when the judge found serious deficiencies in the environmental report.

“This EIR is so flawed that the county [staff’s time] would be better spent in fixing it then appealing,” said Richard Dixon, chairman of ETRPA. “I think it’s probably time for the county to start considering an extension [on the base reuse plan] from the feds to do this right.”

The base is scheduled for closure in 1999, but reuse plans must be completed by April 1998 for the Board of Supervisors to approve and send to the federal government.

Before the base can be converted for any future use, including an airport, the county must prepare another, final EIR, and the Navy must compile its own environmental survey.

While criticizing the environmental report, McConnell upheld the county on several issues, including a dispute over environmental contamination and traffic mitigation.

“We can fix those [objections] without a great deal of strain,” said Michael Gatzke, attorney for the county. “There is nothing there that is fatal. It is all correctable.”

Gatzke noted that it is unlikely the judge would grant airport opponents their request to halt project planning.

The judge’s decision comes after months of legal wrangling between airport foes and supporters.

McConnell is known as an environmentally friendly jurist, and lately has been an arbiter in several Orange County issues, including development of the Bolsa Chica coastal wetlands. In that case, McConnell ruled in favor of environmentalists opposed to development.

The judge heard the El Toro case because of concerns that those in Orange County would have conflicts of interest concerning the thicket of issues over the base.

It is the first victory for airport opponents, who have lost another lawsuit and every political referendum on the issue.

In 1994, voters approved Measure A, which essentially cleared the way for an airport. Two years later, Measure S, which would have overruled Measure A, was rejected at the polls.

An appellate court later ruled against a challenge to Measure A and the state Supreme Court opted not to hear an appeal on that case.