Decades in the Making: Groundbreaking Caltrans Water Quality Lawsuit Resolved

October 18, 2023

LA Waterkeeper is known for, among other things, making big change through targeted lawsuits. We’ve been doing that practically since day one of our organization, which this year celebrates its 30th anniversary. 

In 1993, LA Waterkeeper partnered with the NRDC (Natural Resources Defense Council) to sue the California Department of Transportation (Caltrans) over discharge from more than 900 miles of roads, 33,000 drains, and 35 maintenance facilities across Los Angeles and Ventura counties, arguing that Caltrans’ failure to take action violated the Clean Water Act.  

Roads are engineered to drain water off the pavement as quickly as possible. One side effect of this design is that large amounts of grease, zinc from tires, copper from brake pads, and other debris and pollutants can flow into nearby bodies of water if measures are not taken to prevent such pollution. After a 10-year legal battle, Caltrans agreed to a settlement that required the agency to achieve a 20% reduction in untreated stormwater compared to 1994 levels. After nearly 30 years, Caltrans achieved one only quarter of this goal in most of the region’s watersheds. But the agency also agreed to contribute over $125 million toward multi-benefit projects to further reduce stormwater pollution. Most importantly, this lawsuit spurred Caltrans to change how they build roads across the state with an eye toward better protecting water quality. 

Due to technical challenges, Caltrans was never able to fully meet all the terms laid out in the initial settlement agreement. An update to the settlement in 2019 required Caltrans to reduce the volume of untreated stormwater flowing off the region’s roadways by five percent compared to 1994 levels. Caltrans was able achieve that goal in three watersheds, including the San Gabriel River, Los Angeles River, and Dominguez Channel watersheds, but fell short in the Santa Monica Bay watershed.  

The NRDC and LA Waterkeeper recently agreed with Caltrans to end the case for good, provided certain caveats are met. In the resolution of the litigation, which was finalized in US District Court, Caltrans agreed to pay $12 million toward two stormwater capture projects in the Santa Monica Bay watershed to meet its remaining obligations in the case. These investments include $10 million toward the Edward Vincent Jr. Park Stormwater Improvements Project in Inglewood, and $2 million toward the Torrance Airport Stormwater Basin Project. 

“Caltrans’ response to the lawsuit has included $30 million in research and the installation of 336 treatment systems that collectively have the capacity to filter approximately...360 million gallons per year of stormwater throughout LA and Ventura counties.”

Thanks to the Clean Water Act in general, and this lawsuit in particular, Caltrans was among the first agencies in the nation to install and test runoff treatment solutions, such as catch basins, sand filters, and bioswales, to significantly reduce the volume of untreated stormwater flowing off local roadways. Caltrans’ response to the lawsuit has included $30 million in research and the installation of 336 treatment systems that collectively have the capacity to filter approximately 18.5 million gallons of stormwater from a single rain event—amounting to roughly 360 million gallons per year of stormwater treatment throughout LA and Ventura counties. In addition, Caltrans has contributed more than $125 million toward multi-benefit projects undertaken in collaboration with municipalities in LA County to further reduce stormwater pollution.   

“It’s fair to say that this lawsuit led to a fundamental change in how Caltrans builds roads across the state to more fully address runoff pollution,” said LA Waterkeeper Executive Director Bruce Reznik. “That’s the power of litigation – one case can lead to fundamental improvements that go far beyond the specific scope of the lawsuit.” 

Check out LA Waterkeeper’s Litigation Impact Report, published last year to celebrate the 50th anniversary of the Clean Water Act, which highlights even more ways litigation has led to cleaner water throughout the LA region.