City Attorney Says Malibu Is Ready to Take
On Water Suit
• Santa Monica Baykeeper and Natural
Resources Defense Council Rattle Enviro Sabers
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.
