Despite setback, Jet Ski lawyers to continue legal fight

Lawyer John Fagan, who represents the manufacturers, downplayed a Friday ruling by a Sacramento, Calif., federal court judge that upheld the Tahoe Regional Planning Agency's ordinance.

Although Judge Frank C. Damrell Jr. dismissed most allegations of the watercraft enthusiasts and engine manufacturers, Fagan insists victory claims by environmentalists are premature.

"I would disagree with that characterization," he said. "We consider it to be a relatively significant ruling that keeps us alive."

Fagan said Damrell's ruling left the manufacturers plenty of room to continue the court fight over their lawsuit against TRPA, the bi-state agency charged with protecting the Sierra Nevada lake.

Damrell left open the possibility that the manufacturers could amend their lawsuit on the grounds that watercraft owners have a legal right to use their craft because the agency approved permits for marinas and boat launches, Fagan said.

They also may file a separate claim alleging the ordinance violates the Clean Water Act.

Fagan said he likely will continue to argue that the agency violated its own founding compact on a variety of grounds, including that its ban did not have adequate scientific support when it was approved in 1997.

But TRPA Executive Director Jim Baetge said Damrell's ruling took the heart out of the lawsuit.

"I couldn't have asked for much more," he said. "It's about as near to a total victory as you can get, as far as I can see."

Plans still call for the ordinance to go into effect in June 1999, Baetge added.

The agency targeted personal watercraft and many outboard motorboats because they discharge 25 percent or more of their fuel unburned into the environment.

The lawsuit was filed by the National Marine Manufacturers Association, the Personal Watercraft Industry Association, the Lake Tahoe Watercraft Recreation Association and several other watercraft rental firms and residents.

The suit claims TRPA's phaseout of two-stroke engines by June 1999 is unfounded and unfairly singles out the engines.

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