In summary
San Diego is suing the federal government for allegedly trespassing on city land near the Mexican border to build razor wire fencing that the city says illegally damaged protected habitat and endangered species areas without notice or approval.
The city of San Diego is suing the federal government for building razor wire fencing on city land near the Mexican border, arguing that the fence damages sensitive habitat and trespasses on city property.
The lawsuit, filed with the federal Southern District Court on Jan. 5, names the Department of Homeland Security and Department of Defense, along with Homeland Security Secretary Kristi Noem, Defense Secretary Pete Hegseth and other federal officials. It argues that U.S. Marines illegally entered city land in December and built fences in Marron Valley, east of Otay Mountain.
The fences caused “irreparable harm to protected plant and wildlife habitats, riparian areas, and vernal pools” the city argued, saying the fence blocks city access to the site and jeopardizes conservation programs designed to protect that habitat. The city is asking the court to halt any more fence construction and declare the city’s right to ownership and use of the land.
“The City of San Diego will not allow federal agencies to disregard the law and damage city property,” City Attorney Heather Ferbert said in a statement. “We are taking decisive action to protect sensitive habitats, uphold environmental commitments, and ensure that the rights and resources of our community are respected.”
The Department of Defense declined to comment, citing pending litigation. The Department of Homeland Security didn’t respond to questions from CalMatters, and neither agency has filed responses to the lawsuit yet.
The case represents a new front in California’s battle with the Trump administration over immigration enforcement and the role of federal power versus state and local authority.
The most high-profile conflicts have concerned the use of National Guard and active duty military in California cities. In December a federal judge ordered the National Guard to leave Los Angeles and return to Gov. Gavin Newsom’s control. Shortly afterward the Supreme Court blocked deployment of the National Guard in Chicago, effectively shutting down the administration’s appeals against California.
In this case the fight is over wildlands instead of urban neighborhoods.
In a statement supporting the city’s lawsuit the Sierra Club criticized “the expansion of militarized zones” without “adequate environmental review, oversight, or coordination with landowners and conservation partners.”
“The reckless deployment of concertina wire in Marron Valley is a clear abuse of power,” Erick Meza, the Sierra Club’s Borderlands Program Coordinator said. “We should not allow short-term political stunts to destroy a legacy of stewardship that belongs to us all.”
A photo of the site shows a stack of razor wire, also known as concertina wire, extending across brushy land along the Mexican border. The city alleges that about a dozen U.S. Marines built the fencing, crossing trails in environmentally protected areas and leaving trash that included survey stakes, markers, discarded wooden palettes, unused wire and abandoned vehicles.
The city property is part of San Diego’s Multiple Species Conservation Program, a network of open space that protects 85 sensitive and endangered species. It’s also part of a habitat plan between the city, California Department of Fish and Wildlife and U.S. Fish and Wildlife Service, called the Cornerstone Lands Conservation Bank Agreement.
The case claims the wire fencing prevents city staff from managing the site, and damages sensitive streamside habitat and songbirds that use it, such as the endangered least Bell’s vireo. It also harms vernal pools,a system of seasonal water bodies that host endangered fairy shrimp.
The complaint says the federal agencies built the fence without city approval or even notice.
“At no time did defendants seek or obtain the city’s consent to build the border barrier at issue,” the lawsuit states. “At no time did defendants give public notice of, or seek public comment on their intention to build the border barrier on city property.”
