SMW Client San Francisco Baykeeper Challenges SF Bay Sand Mining Leases
June 17, 2026Sand might not be the first thing that comes to mind when you think about finite natural resources. But the sand beneath San Francisco Bay is exactly that: a public resource that took thousands, even millions of years to form, and one we are extracting far faster than nature can replenish. This is a problem because sand plays a critical role in the Bay ecosystem, but at the same time, it turns out there is high demand for sand.
San Francisco Baykeeper filed suit in Alameda County Superior Court earlier this spring against the California State Lands Commission over its approval of ten-year sand mining leases in the Bay. SMW attorneys Robert “Perl” Perlmutter and Orran Balagopalan represent Baykeeper in the litigation alongside the organization’s in-house legal team.
The leases allow two for-profit companies to suction up to 1.75 million cubic yards of sand per year from the bay floor for use in concrete and asphalt. But that sandy material serves as vital habitat for many aquatic species. These include Chinook salmon and white sturgeon, both of which are in significant decline, and Dungeness crab, which commercial fishermen depend upon. Sand also fortifies shorelines and beaches that are already under pressure from erosion and sea level rise.
At the heart of the Baykeeper lawsuit is a straightforward problem. Baykeeper alleges that the State Lands Commission used faulty baseline data when approving the new leases, leading to the improper conclusion they would reduce the volume of sand mined. In reality, the extended leases authorize more extraction, not less. That mischaracterization was central to the agency’s environmental review. The case alleges violations of both the California Environmental Quality Act and the state’s public trust doctrine.
This is not a new fight. A prior Baykeeper case established that commercial sand mining does not qualify as a public trust use of submerged lands. But the Commission’s latest approval doubles down on prioritizing private uses over irreplaceable public resources.
Dam construction and reduced water flow have already cut natural sand inflows to the bay dramatically over the past 150 years. Research shows that sediment transport connects the bay floor to outer-coast beaches, which contributes to erosion on those beaches. The scientific consensus is clear: sand mining is harmful. SMW and the Baykeeper team are working to protect our Bay and coastal ecosystems and shorelines.
For more information, contact Perl Perlmutter or Orran Balagopalan.