San Francisco Baykeeper alleges Coast Guard facility discharges polluted storm water into bay

By Noddy A. Fernandez | Nov 22, 2018

SAN FRANCISCO (Legal Newsline) – A nonprofit corporation alleges a federal agency is discharging polluted storm water in the San Francisco Bay.

San Francisco Baykeeper filed a complaint on Nov. 13 in the U.S. District Court for the Northern District of California San Francisco Division against United States Coast Guard Sector San Francisco and Rear Admiral Pete W. Gautier, in his official capacity as the commander of the 11th Coast Guard District, alleging violation of the Federal Pollution Control Act.

According to the complaint, since Sept. 4, 2013, the defendants allegedly have been discharging polluted storm water from their facility at Yerba Buena Island, San Francisco. The plaintiff alleges this storm water is discharged directly into the San Francisco Bay and the water is known to include gasoline, diesel, lead, copper and other pollutants.

The plaintiff holds the defendants responsible because the defendants allegedly failed to develop and/or implement best management practices adequate to achieve the pollutant discharge reductions attainable via best available technology economically achievable or best conventional pollutant control technology at the facility in violation of the Act.

The plaintiff seeks declaratory and injunctive relief, award of costs, and such other relief as the court may deem appropriate. It is represented by Erica A. Maharg and Nicole C. Sasaki of San Francisco Baykeeper in Oakland, California.

U.S. District Court for the Northern District of California San Francisco Division case number 3:18-cv-06858-SK

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San Francisco Baykeeper U.S. District Court for the Northern District of California San Francisco Division

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