Environmental watchdog sues Union Pacific for allegedly polluting Los Angeles County waterways – San Gabriel Valley Tribune

Union Pacific Railroad allegedly failed to implement adequate pollution controls at four industrial plants in Los Angeles County, resulting in the discharge of hazardous materials into creeks and rivers flowing into the Port of Long Beach and San Pedro Bay, according to a lawsuit filed by Los Angeles Waterkeeper.

The nonprofit water conservation group filed a lawsuit on Monday, November 18, in U.S. District Court seeking injunctive and unspecified damages against Union Pacific for violating the Clean Water Act and stormwater permit provisions at two industrial facilities in Long Beach and one in each of the City of Industry and Santa Fe Springs as of September 2019.

Contacted by Southern California News Group on Wednesday, Waterkeeper Deputy Director Kelly Shannon McNeil said the organization cannot comment on pending litigation.

Union Pacific officials were unaware of the lawsuit. “We take our obligations under our stormwater permits seriously and are following the actions required under those permits,” said Robynn Tysver, a spokeswoman for Union Pacific.

The Clean Water Act requires entities discharging contaminated stormwater to achieve effluent reductions through the use of “best available technology that is economically achievable.” The Act defines polluting substances as spoil, solid waste, incinerator residues, sewage, garbage, sewage sludge, ammunition and chemical waste, as well as biological and radioactive materials and many other substances.

Los Angeles Waterkeeper says industrial stormwater from four Union Pacific facilities has polluted San Jose Bay, the San Gabriel River, Coyote Creek, Alamitos Bay, San Pedro Bay and the ports of Los Angeles and Long Beach.

All bodies of water flow into the Pacific Ocean.

Hazardous materials leaking from Union Pacific facilities include cyanide, lead, copper, iron, nickel, polychlorinated biphenyls, also known as PCBs, and dichlorodiphenyltrichloroethane, known as DDT, the lawsuit states.

According to LA Waterkeeper, heavy metals including copper, zinc and lead that accumulate in lakes, oceans, rivers and streams threaten the environment and can cause health problems and genetic changes in aquatic life, birds and other animals that depend on these bodies of water.

“These metals in water cannot be easily metabolized by aquatic life and may become enriched in organs such as the liver and kidneys,” the lawsuit states. “Research shows that heavy metals can enter aquatic animals through the gills or during feeding and bind to substances in the bodies of wild animals.”

The four Union Pacific facilities included in the lawsuit operate around the clock and are used for rail and locomotive repairs, refueling and other purposes.

Waterkeeper alleges that Union Pacific consistently failed to report noncompliance with stormwater permit requirements, failed to collect enough stormwater samples, and was ineffective in reducing pollutants to levels consistent with the Clean Water Act.

“Discharges of contaminated storm and non-storm water from the facilities impair water quality and harm aquatic life in the receiving waters, and hinder LA Waterkeeper members from using and enjoying those waters,” the lawsuit states.

Originally published: November 20, 2024 at 6:12 pm PST