Two local environmental groups have initiated a potential lawsuit against SeaWorld San Diego alleging ongoing Clean Water Act violations in and around Mission Bay connected with the marine park’s fireworks displays and wastewater discharges.
The Coastal Environmental Rights Foundation and San Diego Coastkeeper have sent a notice of intent letter to SeaWorld addressing numerous alleged violations of both its fireworks and waste discharge permits.
CERF was founded by surfers in 2008 for the protection and enhancement of California’s coastal resources. San Diego Coastkeeper is an advocacy, community outreach, education, and science nonprofit promoting stewardship of clean water and a healthy coastal ecosystem.
The notice letter states the popular marine mammal park hosts up to 150 fireworks shows per year, contending each of those shows fires off anywhere from 250 to 1,750 fireworks shells directly over Mission Bay. The letter describes “shocking amounts” of evidence collected from the waters surrounding SeaWorld’s fireworks launch barge.
SeaWorld routinely discharges plastic caps, wires, trash, and other chemical-laden debris into Mission Bay in violation of multiple requirements of the regional Fireworks Permit, and fails to follow its post-event cleanup protocols, claims CERF and San Diego Coastkeeper in their notice letter.
SeaWorld has defended its continuing seasonal fireworks displays as a major attraction of its annual schedule. “SeaWorld’s fireworks displays are monitored and regulated by multiple government agencies including the City of San Diego, California Coastal Commission, San Diego Regional Water Quality Control Board, California Department of Fish and Wildlife, and U.S. Fish and Wildlife Service,” said SeaWorld spokesperson Tracy Spahr.
“At SeaWorld, we continually work to enhance our entertainment and educational experiences, always exploring new, returning, and alternative opportunities for our guests to enjoy during their visits to the park,” Spahr said.
“Our goal is not to shut down fireworks displays in San Diego,” said Phillip Musegaas, San Diego Coastkeeper’s executive director. “Our goal is to make sure that SeaWorld complies with the law. It’s as simple as that. They need to do a much better job.
“SeaWorld’s flagrant violations of federal law are causing serious harm to Mission Bay’s marine environment, and contradict the company’s stated mission to conserve wildlife worldwide. Their failure to clean up their fireworks mess and inability to properly treat aquarium water before discharging it back into the bay must end,” Musegaas said.
Environmentalists claim SeaWorld’s alleged multiple, ongoing permit violations result in large volumes of toxic and non-biodegradable debris, and a variety of pollutants ranging from fecal bacteria to heavy metals such as copper and chromium, discharging into Mission Bay. They say they have photo evidence collected from Mission Bay and Fiesta Island showing fireworks debris. Such discharges negatively impact Mission Bay’s water quality, ecosystem health, food webs, biodiversity, public health, and the public’s ability to generally use and enjoy this unique recreational aquatic park, environmentalists contend.
Musegaas pointed out that SeaWorld now has a 60-day period in which to respond to the notice of intent letter. “We’ve given them notification of the (alleged) violations and if, at the end of 60 days, they have not addressed those violations, then we could file a lawsuit,” Musegaas said. “The notice is designed to give them a chance to respond and keep this out of court.”
The notice letter adds to mounting public pressure from SeaWorld’s neighbors and conservationists who have voiced concerns about the park’s fireworks’ resulting noise, air quality, bird and other wildlife, mental health, and domestic animal impacts.
“SeaWorld has known about the discharges and debris on Fiesta Island for years,” said Livia Beaudin, partner at Coast Law Group, attorneys for CERF. “SeaWorld even has permits to conduct drone shows that result in zero discharge to Mission Bay, but it continues to choose profits over people and wildlife.”
SEAWORLD LAWSUIT SETTLED
The City and SeaWorld have settled their lawsuit in which City officials alleged the park failed to pay more than $12.2 million in rent, late fees, and interest. The settlement will have SeaWorld paying $8.5 million to the City, as well as providing:
— Complimentary season passes to San Diego teachers on an annual basis for five years;
— One free admission each year to active duty military and veterans for five years;
— 1,000 SeaWorld admission tickets that the City will provide to local school districts.
SeaWorld issued this statement: “We are grateful to have reached a resolution of this matter and look forward to continuing our strong partnership with the City of San Diego for years to come. We’ve valued our collaborative relationship with the City for 60 years and are happy to be a part of the San Diego community. We look forward to many years of working together.”
In its lawsuit, the City alleged that SeaWorld underpaid rent between Jan. 1, 2019, and April 30, 2022, while SeaWorld argued the payments were waived because the theme park was forced to shut down for months at a time during the coronavirus pandemic. After the lawsuit was filed last year, City officials said the park was the only one out of 800 City tenants with similar lease agreements in default for unpaid rent since the pandemic began.
