U.S. District Judge Edward Davila concluded that the cities failed to meet permit requirements under the Clean Water Act, a federal law governing waste discharge into U.S. waters. In his order, Davila emphasized that the violations were not merely administrative but involved actual contamination. He noted that the pollution impacted Stevens Creek and Calabazas Creek, waterways that flow into the southern portion of San Francisco Bay.
The case stems from a lawsuit filed in 2020 by Baykeeper, an environmental advocacy group that collected water samples showing elevated levels of bacteria linked to human waste. Subsequent monitoring by both cities confirmed similar findings, including E. coli levels exceeding regulatory standards, according to the court’s decision.
While federal penalties for such violations can reach tens of millions of dollars, the judge determined that a lower fine was appropriate, citing the cities’ lack of prior enforcement history and their efforts to comply with regulations. However, he also stated that existing programs to prevent non-stormwater discharge had been ineffective.
Officials in Mountain View said they are reviewing the ruling and evaluating next steps, noting their continued commitment to protecting local waterways. The case remains ongoing, as the court has not yet ruled on whether additional corrective measures will be required.
Environmental advocates welcomed the decision, describing it as a long-awaited step toward addressing systemic pollution. However, they cautioned that restoring water quality in the affected creeks will likely require years of sustained effort and infrastructure improvements.
