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Case Study 3 : AGENCIES AVOID LAWSUITS
Is there an alternative to going to court when there is a fundamental disagreement between an environmental regulatory agency and another public agency about standards for environmental cleanup? Several years ago the Los Angeles Regional Water Quality Control Board established an objective for chlorides in certain stretches of the Santa Clara River in Southern California. This standard would substantially impact the operations of the Los Angeles County Sanitation Districts which operate several waste treatments plants along the Santa Clara River that put chlorides into the river when treated water is discharged into the river. The Districts believe that enforcement of this standard would require construction of additional treatment facilities and a brine line to the ocean that would cost several hundred million dollars. The Districts didn't believe the standard was based on solid scientific information and threatened lawsuits if the standard was enforced.
Recently the parties agreed to try to find a solution that would avoid lawsuits yet still protect beneficial uses of river water. As part of an U.S. Environmental Protection Agency alternative dispute resolution program, Jim Creighton was assigned to work with the Regional Board and the Sanitation Districts to find an alternative approach.
After a series of interviews and negotiation sessions, the Regional Board and Sanitation Districts have finalized an agreement under which the Regional Board issued an implementation plan for cleanup of chlorides without opposition from the Sanitation Districts. The plan includes a five year period during which the Sanitation Districts will fund a number of studies designed to provide a more complete scientific basis for setting a chloride standard. At the end of the five years, the Regional Board will re-revisit the chloride standard and, based on the results of the studies, either reaffirm or change the chloride standard. At that point, the Districts will determine how to meet the standard, and has nine years to comply with the standard.
To ensure the acceptance of the scientific studies, the Regional Board and Sanitation Districts will co-manage the studies, and will also involve key stakeholder groups in technical working groups and in public meetings and workshops. Jim Creighton assisted the agencies by developing the plan for how the agencies can make sure this "co-management" is workable. The study process will be facilitated, and the Regional Board and Sanitation Districts have also agreed to participate in partnering workshops designed to improve teamwork within the study team.
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