Orange County Coastkeeper v. City of San Juan Capistrano, Blenheim Facility Management LLC
Published: Mar. 15, 2019 | Result Date: Nov. 13, 2018 | Filing Date: Aug. 5, 2017 |Case number: 8:17-cv-00956-JLS (DFM) Settlement – $2,900,000
Judge
Court
CD CA
Attorneys
Plaintiff
Jennifer F. Novak
(Law Office of Jennifer F. Novak)
Colin A. Kelly
(Orange County Coastkeeper)
Sarah J. Spinuzzi
(Orange County Coastkeeper)
Defendant
Jeffrey S. Ballinger
(Best, Best & Krieger LLP)
for City of San Juan Capistrano
Rebecca J. Andrews
(Best, Best & Krieger LLP)
for City of San Juan Capistrano
Ryan M.F. Baron
(Best, Best & Krieger LLP)
for City of San Juan Capistrano
Dakotah R.G. Benjamin
(Best, Best & Krieger LLP)
for City of San Juan Capistrano
Gene Tanaka
(Best, Best & Krieger LLP)
for City of San Juan Capistrano
Joshua G. Simon
(Call & Jensen APC)
for Blenheim Facility Management
Wayne W. Call
(Call & Jensen APC)
for Blenheim Facility Management
Facts
Orange County Coastkeeper filed suit against the City of San Juan Capistrano and Blenheim Facility Management LLC, the owners and/or operators of the Rancho Mission Viejo Riding Park at San Juan Capistrano, and the Arizona Crossing that runs through San Juan Creek, in relation to the pollution of San Juan Creek.
Contentions
PLAINTIFF'S CONTENTIONS: Coastkeeper contended that defendants operated the Riding Park and Arizona Crossing in violation of the Clean Water Act. Specifically, Coastkeeper contended that defendants did not obtain permits relating to animal feeding, storm sewer systems, dredge and fill activities and did not obtain water quality certification. Coastkeeper contended that defendants discharged horse manure and bedding, trash, and fertilizers into the creek among other things.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
The City of San Juan Capistrano contended that it did not discharge pollutants into San Juan Creek in violation of the Clean Water Act or any other law.
Result
The parties reached a settlement agreement. Defendants agreed to obtain water quality permits, implement employee training programs to comply with applicable water laws, remove unpermitted materials from the creek, and restore the San Juan Creek bank. Additionally, the city will pay $1 million to fund projects that will benefit the San Juan Creek watershed. Lastly, the city will pay Coastkeeper $1.9 million in expert and attorney fees.
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