San Francisco Chronicle

Court says Suisun Bay land must be restored

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@ sfchronicl­e.com Twitter: @BobEgelko

The state Supreme Court rejected the appeal Wednesday of the owner of an island in Suisun Bay who has been ordered to pay millions of dollars in penalties and restore landfill he discharged into marsh waters to make room for duck hunters and a kitesurfin­g club.

John Sweeney purchased the 39acre island, Point Buckler, on the eastern edge of Grizzly Bay in the Sacramento­San Joaquin Delta in 2011. It had been used by duck hunters for many decades until the 1990s, but regulatory agencies said levee breaches and neglect of the site had turned it into a tidal marsh.

Sweeney rebuilt levees around the island, opened a kitesurfin­g center — where members ride surfboards propelled by kites — and announced plans to reestablis­h the club for duck hunters, whose prey swim in ponds maintained by the levees and tidal gates.

But the Bay Conservati­on and Developmen­t Commission and the San Francisco Bay Regional Water Quality Control Board said in 2015 that Sweeney had acted without the required permits and damaged habitat for waterfowl and fish, including endangered species of salmon and the delta smelt, by depositing dirt from trenches in marsh and tidal waters. They or

dered him to clean up the 8,500 cubic yards of landfill he discharged and pay more than $3.5 million in penalties.

Those orders were overturned in December 2017 by a Solano County Superior Court judge, Harry Kinnicutt, who said Sweeney actually had improved conditions on Point Buckler and apparently had been targeted by the regulatory agencies. But the state’s First District

Court of Appeal disagreed in February and reinstated the agencies’ orders. The state Supreme Court rejected Sweeney’s appeal Wednesday.

In his ruling, Kinnicutt said the dirt Sweeney used to repair the levees and left in the water was not “waste” but actually a valuable building material. But the appeals court said the soil, though not contaminat­ed, was

“harmful as used” and caused “excess sedimentat­ion that smothered the (water) habitat.”

The discharges have harmed habitat for waterfowl, blocked access to habitat for fish and endangered species, interfered with tidal flows to the interior of the island, killed tidal marsh vegetation, and caused “excessive salinity, turbidity and discolorat­ion of the (island’s) interior waterways,”

Justice Peter Siggins said in the 30 ruling.

The law contains “no mandatory duty directing state agencies to carry out activities in a manner favorable to duckhuntin­g clubs,” Siggins said.

Sweeney’s lawyer, Lawrence Bazel, said Sweeney has been financiall­y drained by the case and cannot afford to pay penalties or other costs. He also said the island has been restor

ing itself without human interventi­on, and that “nature has provided what the government agencies tried to get by litigation.”

The cases are Sweeney vs. BCDC, S267896, and Sweeney vs. California Regional Quality Control Board, S267897.

 ?? Leah Millis / The Chronicle 2015 ?? John Sweeney, owner of Point Buckler in Suisun Bay, faces fines and an order to restore landfill that he discharged into marsh waters.
Leah Millis / The Chronicle 2015 John Sweeney, owner of Point Buckler in Suisun Bay, faces fines and an order to restore landfill that he discharged into marsh waters.

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