City Attorney Says Malibu Is Ready to Take On Water Suit

• Santa Monica Baykeeper and Natural Resources Defense Council Rattle Enviro Sabers

BY BILL KOENEKER

Malibu City Attorney Christi Hogin announced at this week’s council meeting that members gave the nod for her to begin defending the city in the clean water lawsuit filed against the municipality by the Natural Resources Defense Council and the Santa Monica Baykeeper.
Council members made no comment about the lawsuit and Hogin tersely reported the litigation is because of allegations of seepage into Malibu Creek and alleged discharges into what are called areas of biological significance in Malibu offshore waters.
Hogin went into greater specifics about the lawsuit after the meeting. “It is true we have been in negotiations and continue to be in negotiations,” she said. “We think we have some pretty good defenses.”
The city attorney noted clean water cannot be obtained in the courtroom or by money changing hands. “That is not a secret,” she added.
“We need to look at the bigger picture. We need to look at all three elements. The dry weather flow, the wet weather flow and how to get discharges clean,” she added.
As far as the allegations of violations in the areas of biological significance, Hogin said, “There are legal reasons why we should not be sued.”
The city attorney said she understands what the objectives of the groups are by bringing the city and the county to court. “They have said what they want,” she added.
Hogin contends the two groups are attempting to push the legal and regulatory limits for how governing bodies are judged by the standards of the Clean Water Act.
Traditionally and in the past, cities, counties and other government entities have been judged in compliance by the efforts they have made in implementing various programs.
Hogin noted that even if pollution levels were higher than standards a city would be considered in compliance because of the ongoing program.
The city attorney said the NRDC and the Baykeeper want to change that. “Until the standards are met, the city is not in compliance. In other words, you should not be left off the hook until every standard is met,” the city attorney added.
The NRDC and the Baykeeper filed what is called a citizen enforcement action in federal court for purported violations of the Clean Water Act.
Hogin said she has not seen the letter being circulated by the Baykeeper that contends that the city’s plans to treat stormwater and wastewater in the Civic Center won’t work and that both systems, as planned, are inadequate.
The previous city council regarded the plans for stormwater treatment in the Civic Center area as a landmark accomplishment.
The Baykeeper charted out a list of measures that should be implemented by the city for the two facilities, or otherwise they claim discharges will continue to occur causing the possibility of additional flows into the lagoon.