IRVINE

The City Council hinted Tuesday that it will sue if the county carries out plans to use the El Toro Marine Corps Air Station for cargo flights once the military leaves. Such litigation will guarantee no cargo flights or any other aviation use of the base after July 2, the Marine Corps’ tentative departure date, said Councilman Larry Agran.

If the federal government permits the county to proceed with its interim plans, then it too is violating its responsibilities, said Rich Jacobs, an attorney for the El Toro Reuse Planning Authority, an anti-airport group. That action would lead to a lawsuit against the federal government, Jacobs warned. Legislation prohibits the Secretary of the Navy from allowing civilian aircraft use at the base, Agran said.

County supervisors voted 3 to 2 on Jan. 26 to allow interim uses, including cargo, police helicopter and general-aviation flights at the 4,700-acre base. Jacobs told the council the county needs to perform an environmental study before finalizing such plans.

Though the supervisors instructed county planners to return in April with a proposal similar to the curfew at John Wayne Airport, where flights are prohibited from landing from 11 p.m. to 7 a.m., Agran contends that the county will not implement a curfew.