La Jolla’s seals continue to whirl around the Children’s Pool drain as attorneys dragged feds into the controversy, fighting over whether to frighten away the marine mammals before moving forward with the city’s dredging process. “[Attorney Brian] Pease filed another lawsuit in federal court,” said Paul Kennerson, attorney for Valerie O’Sullivan, who first sued the city for allowing La Jolla’s harbor seals to interfere with citizens swimming and diving. “He sued the government to require them to get a permit to get rid of the seals. The city said they agreed with Pease but the government made a motion to dismiss the case.” Pease, attorney for the Animal Protection and Rescue League (APRL) SealWatch, sued the federal government’s National Oceanic and Atmospheric Administration (NOAA) for failing to enforce the Marine Mammal Protection Act (MMPA). The federal MMPA preempts enforcement of state law, Pease said. La Jolla’s harbor seal colony is protected under the federal MMPA. A previous ruling said the city of San Diego must dredge the sand at La Jolla’s Children’s Pool beach – a natural harbor seal rookery – until the area is restored to its 1941 condition. But Kennerson said the city couldn’t dredge until the harbor seal colony is removed. “We said they need a permit to do that,” Pease said. “The city has a $43 million budget shortfall now and they would have to hire a full-time staff person to disperse the seals.” San Diego Superior Court Judge Yuri Hofmann had previously ruled on submission that he would order the city to remove the seal colony. Pease said he went to federal court, where Judge William Q. Hayes signed a temporary restraining order Oct. 22, protecting the seals until Nov. 25. Hayes then extended the temporary restraining order until Feb. 13 – the new court date for Pease and NOAA and the city, Pease said. “Ideally, we would agree that the city would apply for a permit and no seals would be dispersed until the city gets that permit,” Pease said. But the harbor seals’ pupping season lasts through May 30, according to Pease. “I think even NOAA would have a serious problem with [removing seals during pupping season],” Pease said. Kennerson said he plans to file a new suit in federal court. “The federal government wants this dismissed and so do I,” he said. The next state hearing is scheduled for Dec. 8. A settlement conference is scheduled for Jan. 5, and the next federal hearing is scheduled for Feb. 13.