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