Navy Target of El Toro Lawsuit

Supporters of an airport at the closed El Toro Marine base sued the Navy on Wednesday, asking a federal judge in Washington to block plans to sell the property for parkland and park-compatible development.

The lawsuit, filed by three pro-airport groups, challenges the Navy’s environmental studies, which formed the basis for its decision in April to sell the property under zoning approved by Orange County voters in March. The Navy analyzed a commercial airport and two plans for a commercial development at El Toro--neither of which could be built with the new zoning, the suit said.

“The purpose of [the National Environmental Policy Act] is for public agencies to disclose the environmental impacts of a proposed project,” said attorney Barbara Lichman with the Airport Working Group of Orange County, which filed the suit. “Since no one knows what will be developed at El Toro, the existing [review] cannot serve that purpose.”

A separate suit filed earlier by airport backers in state court challenges the constitutionality of Measure W, which replaced airport zoning at the base with parkland and limited development.

That suit was transferred to Los Angeles County and a hearing is scheduled next month before Judge Philip Hickox.

Airport opponents said the latest lawsuit is a delaying tactic that won’t resurrect airport plans or stop the Navy from selling the property.

“I find it exceedingly ironic that these petitioners are trying to take money out of the federal government’s hands at a time when the military could use it,” said attorney Richard Jacobs, who represents the anti-airport El Toro Reuse Planning Authority. “We’re down to the hard-core airport supporters flailing around at the last minute.”

Orange County supervisors, who favored the airport on votes of 3 to 2, changed course after Measure W. On a separate 3-to-2 vote, the board approved annexing the 4,700-acre base to the city of Irvine. Supervisor Cynthia P. Coad provided the swing vote and has threatened to rescind it if Irvine doesn’t comply with its promise to provide money from the development of El Toro for parks in north Orange County. Coad has said she wants funding guarantees by Tuesday or she will vote against annexation.

Lichman accused the Navy and Irvine of trying to sneak a development project into the heart of Orange County without an environmental review. Besides analyzing what is built at the former base, the Navy also must consider the cumulative effects of other developments nearby, she said, including a plan to build 12,500 homes in areas north and west of the base.

Other groups joining the lawsuit were Citizens for Jobs and the Economy, a political committee; and the Orange County Regional Airport Authority, a coalition of cities backing the airport.