San Francisco Public Golf Alliance Wins Ruling in Federal Court to Intervene in the Defense of Historic Sharp Park Golf Course Facing Endangered Species Lawsuit

Dear Fix Pacifica:

There’s been a noteworthy development in an environmental lawsuit to determine the fate of San Francisco’s historic Sharp Park Golf Course. On Friday, a U.S. district judge ruled that the San Francisco Public Golf Alliance (SFPGA) is legally entitled to intervene in all phases of the case. 

Championing the rights of area golfers, the 4,500-member SFPGA filed papers six weeks ago to join the city and county, Mayor Ed Lee, and Parks & Rec Director Phil Ginsburg as defendants. A coalition of environmental groups – including the Sierra Club – is seeking to shut the 80-year-old public golf course, using the Endangered Species Act, in the name of protecting an indigenous frog and snake that use the course as habitat. 

SFPGA believes that shutting Sharp Park would be a crushing loss to public golf in the region. The course, designed by legendary architect Alister MacKenzie, serves a tremendously diverse constituency of golfers – from students to senior citizens – for whom many other area courses are too difficult, busy, or expensive. 

In its Motion to Intervene last month, the SFPGA asserted that Bay Area golfers “have legally protectable interests in their use and enjoyment of Sharp Park.” SFPGA is represented by law firm Morrison & Foerster. 

Judge Susan Illston’s order from June 24 cited SFPGA’s “unique interests… in maintaining Sharp Park specifically for use as a golf course,” concluding that it isn’t necessarily an interest shared by the other defendants. 

Chris Carr, chair of Morrison & Foerster’s Environment and Energy practice group and co-chair of its Cleantech group, said, “SFPGA is committed to the conservation of protected species while adhering to the original vision of Sharp Park as a course for everyone. We are looking forward to presenting our case before the Court.”

Please be in touch if you would like to learn more from Mr. Carr about SFPGA’s unique action in this case, or want to see a copy of the judge's order.

James Bourne 212-262-7470 jimbournenyc@aol.com
Robin Brassner 212-262-7472 rbrassnernyc@aol.com

SAN FRANCISCO (June 27, 2011) – Following a hearing on June 24, U.S. District Court Judge Susan Illston issued a written order that the nonprofit San Francisco Public Golf Alliance (SFPGA) has a right to intervene in a lawsuit against Sharp Park Golf Course, a popular municipal course, brought under the federal Endangered Species Act.  As a result of the decision, the 4,500-member SFPGA can join the City and County of San Francisco, along with Mayor Ed Lee, and Recreation and Park Department Director Phil Ginsburg in defending the historic public course from threatened closure by environmental groups.  Morrison & Foerster is representing the SFPGA in the suit.  The golf course, which first opened for play in 1932, was designed by legendary architect Dr. Alister MacKenzie, one of the most revered golf course architects of all time.

The ruling by Judge Illston of the Northern District of California, in San Francisco, allows the SFPGA to join the entire lawsuit – both in the liability and potential remedy phases.  Wild Equity, the Center for Biological Diversity and the other plaintiffs had vigorously opposed SFPGA’s participation in the liability phase of the case.  In the order granting intervention, Judge Illston found: “Should plaintiffs prevail or come to an agreement with defendants regarding management operations of Sharp Park, SFPGA’s ability to protect its members’ use of the golf course may potentially be impaired or impeded.”  SFPGA believes its full participation in the liability phase – where it will be determined whether golf course operations and maintenance, as alleged by the Plaintiffs, cause “take” of protected species -- will enable it to present a complete picture of the scientific evidence in the case.  Importantly, the Court rejected the Plaintiffs’ requests that SFPGA be required to share briefing with the City and other defendants, ruling that SFPGA can “file independently to protect its unique interests in this case.”  Similarly, the Court also rejected the Plaintiffs’ request “that SFPGA be considered one party with the defendants for purposes of discovery limitations.”

Environmental advocacy groups led by the Center for Biological Diversity and the Wild Equity Institute, filed suit on March 2, seeking to shut down the landmark, 79-year-old seaside course in the name of protecting a frog and snake listed under the federal Endangered Species Act – the frog uses, and the snake may use, the course as habitat.  The Sierra Club joined the suit for the limited purpose of protecting the animals, without specifically calling for closure of the golf course.

“The court’s ruling is extremely important for golfers in the Bay Area – they represent a vital constituency in this case. Other public 18-hole courses in San Francisco and northern San Mateo County are too expensive, too busy, or too hilly for the profile of low-income, racially diverse, juniors and seniors at Sharp Park,” said SFPGA spokeswoman and Sharp Park Women’s Club member Lauren Barr. “It is imperative that we preserve this historic public jewel. For nearly 80 years Sharp Park has served as an important recreational outlet and gathering-place for people of all economic means in our region.”
The San Francisco Public Golf Alliance is a non-profit organization that was formed in 2007 to promote and support affordable, accessible public golf and to educate the public and golf community about issues relating to public golf in and around San Francisco.  The SFPGA is committed to preserving and restoring Sharp Park in an environmentally sound manner that preserves the public golf tradition on Dr. MacKenzie’s storied course.

Chris Carr, an environmental and land use partner at Morrison & Foerster, said, “We’re very pleased that the District Court has allowed the SFPGA to intervene in this case for all purposes.  The Court recognized that the Alliance represents the diverse users of Sharp Park, and that their voices should be heard in resolving this case.  Sharp Park is an historically and architecturally significant course that fills a critical needed for Bay Area golfers and upholds the best tradition of public access.  Most courses with the heritage and location of Sharp Park would be exclusive private clubs and available to only a narrow sliver of the population. The Alliance is committed to the conservation of protected species while adhering to the original vision of Sharp Park as a course for everyone.  We are looking forward to presenting our case before the Court.”

Mr. Carr, chair of Morrison & Foerster’s Environment and Energy practice group and co-chair of its Cleantech group, regularly handles matters involving the federal Endangered Species Act, Clean Water Act, National Environmental Policy Act, and their California counterparts.  Morrison & Foerster has a long history of supporting environmental causes in the Bay Area.‪

About the San Francisco Public Golf Alliance: A 4,500-plus-member, volunteer, non-profit public-interest organization supporting San Francisco-area public golf, and dedicated to preserving affordable, environmentally-friendly public golf. www/sfpublicgolf.com/

ABOUT MOFO.We are Morrison & Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, Fortune 100, technology and life science companies. We’ve been included on The American Lawyer’s A-List for seven straight years, and Fortune named us one of the “100 Best Companies to Work For.” Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger. This is MoFo.

Submitted by James Bourne