by Natalie See, Irvington High School in Fremont
In December of 2011, the Lehigh Cement lawsuit was filed, and thus started a series of changes. Lehigh Hanson Cement Plant, owned by Hanson Permanente Cement, a longtime producer of Silicon Valley building materials was charged a $7.5 million fine to settle water pollution violations. The agreement with the EPA accounted for the dumping of millions of gallons of toxic wastewater into the creek in Cupertino. Discharged wastewater contained selenium, a naturally occurring element toxic to various birds, fish, and wildlife. The selenium levels surpassed the safety level by several folds, causing harm to several species of fish and frogs living in the water, especially the endangered steelhead trout. The element affects the food hierarchy by killing several species of animals. High levels of nickel, thallium, mercury, and various other pollutants, which are toxic to humans, were also present. Following several sample tests of the chemicals in the water by specialists and members of the Sierra Club, the case was finally brought to court. Lehigh Hanson Cement Plant’s actions not only go against the Clean Water Act, but also put the San Francisco Bay in peril. The same company that has helped the Bay Area in so many ways, through the construction of the Shasta Dam, Highway 101, Highway 85, and many other major landmarks, is also, ironically destroying the very environment that its fortune was built on.
Reed Zars, attorney for Sierra club explains that the lawsuit was split into two claims. The first issue to address was the fact that Lehigh was pumping its pittwater from the quarry mines into the creek, thus releasing into the water tons of selenium, far above aquatic standards.
In the second claim, Lehigh Cement has been regularly dumping its byproducts into the creek, including selenium. It exceeds the regulated amount and amount set by the EPA as mentioned in the Federal Water Act. They have been dumping the mineral overburden from mining pits into the water. They haul it over edge over quarry and dumped it into the creek, thousands of cubic yards of material over many years. “You can't pollute the creek with dissolved material or pollutant whether it be mercury, selenium, or salt just like how you can’t dump your couch into a creek. The creek is not a trash can.” says Mr. Reed Zars.
Citizens living near the creek play active roles in advocating for change. Gary Latshaw, a representative for the Sierra Club, voiced discontent in regards to the air pollution that results from the Lehigh Cement plant. When acting on behalf of his civil citizens group, Latshaw says that he no longer introduces himself as a Sierra Club member, but a normal private citizen and resident concerned with the environment. Through advocating for cleaner air, large amounts of mercury have been monitored and taken out. Latshaw hopes to see a greater reduction of mercury and other chemical levels in the coming future.
In reaction to the Lehigh Cement water pollution case, Sierra Club filled a lawsuit to make Lehigh clean up their act. Gary Bailey, a standing witness who lives near the Stevenson Creek mentioned that the creek runs through the edge of his property. When the water runs downstream, it kills even more wildlife because of its toxic nature. In order to file a lawsuit, Bailey and Sierra Club had to prove that this situation was detrimental to the members of Sierra Club. After getting specialists and members to take samples and test the water, Sierra Club filled a lawsuit under violation of the EPA’s Clean Water Act under the citizens suit.
As part of the settlement, Lehigh had to build treatment facilities that treat selenium and other chemicals before dumping substances into the creek. As of now, selenium levels have been reverted back under the standard level. That is a huge success for the health of the creek. Secondly, Lehigh has to restore the creek back to its original condition by removing the overburden and chemicals dumped into it. Sierra Club expresses discontent as this part of the settlement as it has yet to be fulfilled. Creek restoration has not even started, due to the need for environmental impact statements and various other paperworks that will hold back the progress. The restoration is projected to happen within the next year or two. I’m a senior now in high school and it’s crazy to think that this court case opened up when I was in 6th grade of elementary school. And even by the time I graduate high school, the health of the creek will not have even been fully restored.
There were definitely obstacles when battling Lehigh. One in particular was Lehigh’s claim that Sierra Club had no standing in the issue and that the matter did not concern the members. Thanks to the immense support from Sierra Club members and amazing witnesses who understood and had intimate connections to the creek, they were able to gathered samples of water and pictures of the creek that demonstrated how Lehigh had a toll. Once a common place for picnics and family outings, this once beautiful creek became polluted and toxic to wildlife.
Civilization is already starting to see the detrimental effects of industrial pollution. Though this generation might not witness the full effects of these toxic chemicals, the slowly decreasing biodiversity goes to show that our time is limited. Future generations will be left to clean up this discarded planet with less time than previous generations ever had. The closest some will ever get to witnessing the giant pandas or steelhead trouts are through videos and photos. But thanks to the Sierra Club and various other environmental organizations, society is becoming more aware of the environmental neglect present. With organizations that take action, our Earth still has time to recover. Hope is not lost as long as people do their parts. Be respectful to the planet we all share. It’s communal. One who shows disrespect can ruin for all.