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Environmental Law
Water Pollution
Clean Water Act Violation

San Francisco Baykeeper v. West Bay Sanitary District

Published: Feb. 25, 2012 | Result Date: Jan. 13, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 3:2009-cv-05676 Settlement –  $1,400,000

Court

USDC Northern


Attorneys

Plaintiff

Daniel Cooper

Drevet J. Hunt
(California Coastkeeper Alliance)

Christopher A. Sproul
(Environmental Advocates)

Jason R. Flanders
(Aqua Terra Aeris Law Group)


Defendant

Anthony P. Condotti

Melissa A. Thorme
(Downey Brand LLP)


Facts

San Francisco Baykeeper filed suit against West Bay Sanitary District for spilling tens of thousands of gallons of sewage into creeks and sloughs that drain into the San Francisco Bay. Baykeeper accused the district of spilling sewage starting in 2004 into numerous waterways, including San Francisquito Creek, Los Trancos Creek, Bayfront Canal, Atherton Channel, Ravenswood Slough, Westpoint Slough, and San Francisco Bay.

Result

The parties settled for $1.4 million to pay for Baykeeper's attorney fees and costs of suit. Baykeeper may, at its election, devote some portion of this payment for locally beneficial environmental projects, but shall not use this portion of the payment to fund Baykeeper. The suit is to be dismissed with prejudice and West Bay Sanitary District has no obligations under the settlement except to pay Baykeeper's fees. It is anticipated the dismissal will occur on or about March 1, 2012, after review of the settlement agreement by the U.S. Environmental Protection Agency and the Department of Justice.


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