Claims of Trespass and Environmental Harm
In its filing, the city is seeking both preliminary and permanent injunctions to halt the work. The lawsuit accuses federal officials of trespass, creating a public nuisance, and violating the Administrative Procedure Act.
Named as defendants are DHS, the U.S. Department of Defense, Homeland Security Secretary Kristi Noem, U.S. Navy Secretary John Phelan, and Rodney Scott, commissioner of U.S. Customs and Border Protection.
The city says it was unaware that U.S. Marines planned to install razor wire until December, when it “discovered” federal agents, contractors and military personnel operating on the land. Officials later observed roughly a dozen members of the U.S. Marines and National Guard erecting three rows of concertina wire fencing across the site.
Alleged Damage to Land and Wildlife
San Diego alleges the crews left a trail of environmental damage behind — driving vehicles through brush and waterways, installing stakes and spikes, and leaving trash such as wire and wooden pallets scattered across the habitat. Tire tracks carved through sensitive areas, the city said, compounding the impact on protected species.
In a statement released Tuesday, City Attorney Heather Ferbert said San Diego is drawing a hard line.
“We will not allow federal agencies to disregard the law and damage city property,” Ferbert said. “We are taking decisive action to protect sensitive habitats, uphold environmental commitments, and ensure that the rights and resources of our community are respected.”
Federal officials did not immediately respond to requests for comment.
