Malibu, stretching 21 miles along the Pacific coastline and boasting world-class surfing, sandy beaches, steep canyons and California sunshine, attracts visitors from all over the world. But despite its reputation for pristine beauty, Malibu has a long history with a lesser-known feature: water pollution.
For years, Malibu has struggled with contaminated water, public health advisories, and water-borne illnesses that make people sick-all caused by poor waste and stormwater management and oversight. Ongoing monitoring demonstrates this problem persists, with water at many Malibu beaches and in Malibu Creek and Lagoon violating state and federal health limits on bacteria. At Surfrider Beach, for example, samples demonstrate 252 separate violations of bacteria limits in 2010, and 181 violations just between January and May 2011. These health limits are scientifically derived and based in part on local epidemiological studies that measure real impacts on people. With over two million visitors recorded at Surfrider Beach alone in 2010 and a $1.7 billion tourism and recreation industry in the region, this is a significant, and costly, public health threat.
Families and surfers spending a summer afternoon at the beach in Malibu should not have to worry about getting sick from pathogens in the waves. We have solutions to clean up the pollution. For example, new, inexpensive technology and green infrastructure approaches (like green roofs, increased green space, porous pavement and rain barrels) are cost-effective ways to stop pollution from the start. And they come with a range of other benefits for Malibu’s residents and millions of visitors, including enhancing the beauty of the City.
In 2008, Santa Monica Baykeeper and NRDC filed a lawsuit against the City of Malibu in response to years of unabated bacterial contamination at Malibu beaches and in Malibu Creek and Lagoon. In August 2010, a federal district court ruling on one of our claims agreed, finding the City liable for violating the federal Clean Water Act-the nation’s most important clean water law-by discharging polluted runoff to a coastal preserve that spans Latigo Point to the Ventura County line.
As part of the same action, the parties are headed to trial this November to determine Malibu’s responsibility for additional bacterial pollution at some of its most popular beaches, including Surfrider Beach, and Malibu Creek and Lagoon. If we are successful, Malibu will be required to clean up the water.
The trial is a last resort to address the pollution following repeated unsuccessful attempts-including months of settlement negotiations and proposals of proactive solutions to address the pollution-to persuade Malibu to focus on comprehensively fixing its pollution problems outside of court. Over the last three years, Baykeeper and NRDC, both not-for-profit organizations, have dedicated significant time and resources to reaching a settlement with Malibu. We have participated in extensive face-to-face meetings, hired leading pollution prevention experts, and offered detailed written proposals that set out a practical path forward toward clean water. Despite months of negotiation, however, the city still refuses to take responsibility for the public health and environment threats at its beaches, instead, spending millions defending its right to pollute.
Last week, some members of the Malibu City Council expressed strong disappointment at being “forced” to allocate an additional $755,000 to pay a big law firm to continue this legal fight when the money would be better spent on clean water. NRDC and Baykeeper could not agree more. The right thing to do is protect the health and wallets of Malibu residents and propose a real solution for cleaning up the water, rather than fighting it.
When it comes to costs, The Malibu Times also reported that Baykeeper and NRDC are seeking $105 million in damages. We are unsure where this claim originated, but it indicates that city officials seriously misunderstand this case. To be clear, Baykeeper and NRDC are seeking cleanup, not damages. As this is a Clean Water Act enforcement case, no money damages have been, will be, or can be sought by or directed to Baykeeper or NRDC. The plaintiffs filed this case to address decades of water pollution. Success would mean the city taking actions that achieve clean water in Malibu.
“Kicking the can down the road” can be a tempting course of action for government officials. But spending millions to fight legitimate legal claims that reflect real public health and environmental threats is just another can-kicking exercise. It is high time for the city to finally fix its numerous water pollution problems. If it is interested in pursuing solutions equal to its polluted runoff problems, it would no doubt find willing partners and collaborators in Baykeeper and NRDC.