A key piece of the fabric of our organization is our work to direct funding towards impact litigation that seeks justice for systemically oppressed communities. The Clean Water Project, which spanned our legal, training, and grantmaking programs, focused on bringing communities together to advocate for and gain access to potable water and on funding impact cases that address clean water issues faced by residents of unincorporated communities in the San Joaquin Valley in California.
The Impact Fund received funds for the project from the State Bar of California, which distributed funds from the settlement of a class action against Bank of America for community redevelopment. Active for five years, the Clean Water Project supported cases fighting for transparency of groundwater pollution data, agricultural run-off, dumping of raw sewage, and unlined pits for wastewater and oil/gas disposal in communities in the San Joaquin Valley.
Grants Made
A total of $134,098 was granted to a variety of cases that all aim to eradicate the issue of unsafe drinking water plaguing disenfranchised communities in California’s San Joaquin Valley. Here are some cases we have been able to support:
-
$25,000 went towards a case brought by Animal Legal Defense Fund against Foster Poultry Farms for using unreasonable amounts of water in their manufacturing plant in Merced County, California. Although more conservative water techniques are available, the plant chose a process that used 4 million gallons (about 15,141,640 L) every day, in an area that is known for its water scarcity.
-
$13,665 was granted to Leadership Counsel for Justice and Accountability for bringing a case to support a Black farmer who was incorrectly charged by an irrigation district in Porterville for water he did not receive. The farmer did not even have the infrastructure necessary to draw irrigation water from the canal as the charges described. As a result, his private well went dry and forced him into debt. This is a problem facing many low-income farmers in the area.
-
$11,200 went towards a case brought by California Coastkeeper Alliance against the Sacramento Area Sewer District and the county of Sacramento for dumping raw sewage, ultimately contaminating the Delta, Sacramento River, and American River. This region consists of primarily low-income residents who rely on groundwater as their drinking water, which has been polluted due to contaminants from fertilizer and pesticides. There were almost 700 instances of the District dumping raw sewage since 2018. Raw sewage contains massive quantities of bacteria, viruses, and mold, which can cause significant health problems.
Case Outcomes
Most of the cases we supported are still ongoing; however, a few cases have concluded:
-
The nonprofit Clean Water Fund challenged two oil and gas management companies, Valley Water Management Company and Sentinel Peak Resources, for discharging carcinogenic Proposition 65 chemicals on site in their open unlined pits, which are the largest in the country. The facility was putting nearly 5 million gallons (about 18,927,050 L) of oil and gas wastewater daily in these unlined pits, threatening groundwater and air quality. The case concluded with defendants having to pay upwards of $650,000 in penalties and an agreement to cease discharging chemicals.
-
A case was brought by Leadership Counsel for Justice and Accountability along with residents against Fresno County for the county’s failure to identify infrastructure needs that affect drinking water quality. Farmworkers already face some of the worst housing conditions, often living in makeshift shelters such as garages, vehicles, and tents. The court found that the county had a mandatory duty to include an analysis of infrastructure needs in disadvantaged unincorporated communities. The county complied by completing an infrastructure analysis and updating it according to state law.
It is pertinent to note that these areas are predominantly populated by Latine individuals, which means like that of Flint, environmental racism is at play. The neglect of infrastructure negatively and disproportionately impacts the health and well-being of communities of color and those who are systemically vulnerable.
Where We Go from Here
Felecia Phillips Ollie DD (h.c.) is the inspiring leader and founder of The Equality Network LLC (TEN). With a background in coaching, travel, and a career in news, Felecia brings a unique perspective to promoting diversity and inclusion. Holding a Bachelor’s Degree in English/Communications, she is passionate about creating a more inclusive future. From graduating from Mississippi Valley State University to leading initiatives like the Washington State Department of Ecology’s Equal Employment Opportunity Program, Felecia is dedicated to making a positive impact. Join her journey on our blog as she shares insights and leads the charge for equity through The Equality Network.
