Pollution Suit Against Water District Rejected

A federal judge has dismissed a citizens group’s lawsuit alleging that the Capistrano Beach Water District was polluting San Juan Creek and nearby beaches, including Doheny State Beach.

In a decision issued Monday, U.S. District Judge Alicemarie H. Stotler declared that the group had failed to submit enough facts to demonstrate that the district and two of its elected directors had violated the federal Clean Water Act and the Resource Conservation and Recovery Act.

The lawsuit, filed in August by Citizens United Together, alleged that the district had dumped hazardous wastes into the creek, which flows into the state park.

The judge, however, gave the alliance 20 days to resubmit its arguments. Charles Benninghoff III, a San Juan Capistrano attorney representing the group, said he would quickly refile an amended complaint.

“The judge only ruled that we had to be more specific . . . to offer more information,” Benninghoff said Tuesday. “We are absolutely certain the district will have to answer these charges, as will the individual elected officials.”

Steven DeBaun, the attorney for the district, said, “There are no facts to back the claims” in the lawsuit, which he described as frivolous and malicious. He also said the district is “strongly considering” filing a motion to recover attorney fees from the group.

The two officials on the district’s 10-member board of directors named in the lawsuit, Donald Simpkin and William Morison, could not be reached for comment.

The judge dismissed outright a portion of the lawsuit alleging that the district was in violation of federal racketeering laws. The lawsuit alleged that the district had charged excessive fees for capital improvements, which amounted to extortion.

“That was really an outlandish claim,” DeBaun said.