Santa Monica Baykeeper Wins $2 Billion Settlement from Los Angeles:
One of the largest sewage cases in U.S. history

Amassive legal battle that dragged on for six years has come to an end with a 107-page settlement agreement and a $2 billion price tag. This August Santa Monica Baykeeper, Tracy Egoscue, negotiated the settlement agreement, which, among other things, requires the City of Los Angeles to replace at least 488 miles of sewer lines and clean 2,800 miles of sewers every year. Over the next ten years the City of Los Angeles will increase the capacity of the system – the largest in the nation – in an effort to reduce sewage spills. In addition, the City will spend $8.5 million on environmental projects, like creek and wetland restoration, to improve water quality in Los Angeles.

Six years ago, Santa Monica Baykeeper founder Terry Tamminen notified the City of Los Angeles that he was fed up with raw sewage spills – nearly two a day that contaminated neighborhoods and beaches – and that he intended to sue. “I can tell you that a huge light bulb went on for me when I looked at the City’s spill reports and connected them to the fact that the vast majority of our Beachkeeper volunteer monitoring reports tested hot for pathogens,” says Tamminen. Because of the thousands of spills over many years and because enforcement was nonexistent, Santa Monica Baykeeper filed suit on November 9, 1998, alleging some 20,000 violations of the Clean Water Act. The City simply scoffed.

In 1999 Steve Fleischli took over as Santa Monica Baykeeper, organizing rallies, filing legal briefs, and expanding the support for the case. “Tamminen taught me that we needed a comprehensive approach to this case,” recalls Fleischli. “A legal strategy. A media strategy. A political strategy. Grassroots, yet sophisticated. And when we talked to people about the spills, it was amazing how many people responded.”

Critical mass came in 2001 when – after a year-long engineering study – the Federal Environmental Protection Agency and the State Regional Water Quality Control Board filed their own lawsuit against the City, which was consolidated with Baykeeper’s case. Residents from Baldwin Hills, Crenshaw, South Central Los Angeles, and Leimert Park then joined the litigation, as most spills and odors occurred in their communities. It wasn’t just a beach issue; it was a quality of life and social justice issue.

Baykeeper’s Board of Directors – led by Tamminen and President Jordan Kaplan – and local foundations, such as Environment Now, were re-energized, pouring tens of thousands of dollars into the case. Baykeeper’s outside attorneys, Daniel Cooper and Danielle Fugere, became critical in the legal fight, working with the state and federal Departments of Justice in formulating legal strategies. Along with expert Bruce Bell of Carpenter Environmental Associates and engineers from EPA and the state, the plaintiffs held the City’s feet to the fire and refused to back down. Finally, in December 2002, a federal judge found Los Angeles in violation of the Clean Water Act on several hundred occasions. Soon thereafter, the City acknowledged liability for nearly 3,670 violations of the Act.

Baykeeper quickly found a friend in new City Councilmember Jack Weiss, who saw taxpayer money going down the drain while water quality and the community suffered. He convinced other new Councilmembers to start pressing for settlement. They did, especially when Tracy Egoscue – a former Deputy Attorney General for California – was handpicked in summer 2003 to replace Fleischli as Baykeeper. Numerous public and private city council meetings soon took place, often in heated debate. But Egoscue never wavered in the demand for clean water. Finally, the City had had enough.
When all was said and done, the City of Los Angeles had spent some $5.6 million dollars on outside lawyers to fight the case. Baykeeper had racked up $1.6 million in fees and costs. At a press conference at City Hall in August 2004, representatives from the Department of Justice and EPA called the historic agreement “one of the largest sewage cases in U.S. history.”

“The settlement agreement is without a doubt Santa Monica Baykeeper’s proudest achievement to date, and would not have been possible without the persistence of so many people,” says Tracy Egoscue. “It was a phenomenal effort by the community and environmental agencies working together to achieve a common goal.” Indeed, the $2 billion case serves as a model of how a grassroots effort and a good strategy can make a huge impact in protecting water quality, no matter the opponent.

Editor's note:
Terry Tamminen is now the secretary of the California Environmental Protection Agency, and when asked why Baykeeper brought suit against such a formidable adversary, he replied that the Santa Monica Baykeeper was fulfilling its watchdog role: “Waterkeepers are the last line of defense when polluters destroy the public trust resources and regulators fail in their duty.” Steve Fleischli is now executive director of Waterkeeper Alliance in New York. Tracy Egoscue is now patrolling Los Angeles waterways, busting more polluters.

Baykeeper Case Timeline:

August 3, 1998
Santa Monica Baykeeper notifies the City of Los Angeles, the State of California and the Federal EPA of its intent to sue the city for thousands of violations of the Clean Water Act due to sewage spills.

September 18, 1998
California orders sewer repairs.

September 30, 1998
California and the City of Los Angeles negotiate $850,000 in fines for 32 sewage spills.

November 9, 1998
Baykeeper sues the City of Los Angeles, alleging some 20,000 violations of the Clean Water Act and claiming remedies to date are insufficient. In response, the City files a motion to dismiss Baykeeper’s case.

2000
Federal EPA and California complete audit of Los Angeles sewer system, revealing enormous problems.

January 8, 2001
Federal EPA and California EPA sue the City of Los Angeles. Cases are consolidated with Baykeeper’s 1998 case.

July 5, 2001
Residents from Baldwin Hills, Crenshaw, South Central Los Angeles and Leimert Park join the litigation, noting highest spill levels and odors in their communities.

2001
Federal judge rules on the City of Los Angeles’ motion to dismiss Baykeeper’s case. Baykeeper prevails.

December 23, 2002
Federal judge finds the City of Los Angeles liable for 297 sewage spills from July 2001 to July 2002.

April 22, 2003
City formally admits liability for 3,668 violations of the Clean Water Act for sewage spills
occurring from 1993 – 2003.

August 2004
All parties enter into a $2
billion,107-page settlement agreement.