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Lake Tahoe Cable Removal Consent Decree Summary

Case: California Sportfishing Protection Alliance v. Pacific Bell Telephone Company
Court: U.S. District Court, Eastern District of California
Case No.: 2:21-cv-00073-MCE-JDP
Document: Amended Consent Decree (ECF No. 22)
Filed: November 5, 2021
Court Approved: November 4, 2021
Full Document: Court Listener

What's Being Agreed

AT&T (Pacific Bell Telephone Company) and the California Sportfishing Protection Alliance (CSPA) have reached an agreement to remove old telecommunications cables from the bottom of Lake Tahoe. These cables contain lead, which the plaintiff claims is leaching into the lake water.

The Core Agreement: AT&T will remove approximately 8 miles of submarine telecommunications cables from Lake Tahoe's western side and pay for the cleanup, plus reimburse CSPA's legal costs.

Key Facts Established

The Cables

  • Location: Bottom of the western side of Lake Tahoe
  • Length: Approximately 8 miles total (two cables combined)
  • Age: Installed under easements from California State Lands Commission, stopped being used "in or around the 1980s or earlier"
  • Content: Contain lead, "a toxic heavy metal known to the State of California...to cause cancer and reproductive toxicity"

Legal Claims

  • Environmental Laws Involved: Federal Resource Conservation and Recovery Act (RCRA) and California's Proposition 65 (Safe Drinking Water and Toxic Enforcement Act)
  • The Problem: CSPA claims the cables "have leached, are leaching, and will continue to leach lead into the waters of Lake Tahoe"
  • Drinking Water Source: "The State of California has listed Lake Tahoe as a source of drinking water within the meaning of Proposition 65"

Specific Commitments by AT&T

Financial Obligations

  • Removal Funds: Up to $1,500,000 for physical removal of cables from Lake Tahoe
  • Additional Costs: AT&T will separately pay for "transactional, consulting, or legal fees associated with relevant permitting efforts or the costs of the disposal or transportation of the Cables"
  • Legal Reimbursement: $220,000 to CSPA for "reasonably incurred investigative, expert, consulting and attorneys' fees and costs"

Timeline and Process

  1. Permit Phase: Within 5 business days of court approval, AT&T must "use diligent and commercially reasonable efforts to promptly pursue the process to secure all necessary local, state and federal permits"
  2. Removal Phase: AT&T must remove cables "within ninety (90) days following receipt of all Authorizations or the Court Entry Date, whichever is later"
  3. Target Date: The parties set "a target date for removal of November 1, 2021"

Notification Requirements

  • AT&T must notify CSPA in writing within 5 business days of receiving all permits
  • AT&T must notify CSPA in writing within 5 business days of completing cable removal

What is NOT Agreed - Key Disputes

Ownership and Responsibility

  • AT&T's Position: "it stopped using the Cables in or around the 1980s or earlier, that the Easements therefore have terminated, and that Defendant no longer owns the Cables"
  • Legal Liability: "Defendant disputes Plaintiff's allegations...and contends Plaintiff's claims lack merit"

No Admission of Wrongdoing

The decree explicitly states: "Defendant, in entering into this Decree, makes no admission of liability or of any issue of law or fact whatsoever regarding the claims made by Plaintiff"

The agreement includes this key disclaimer: "Nothing in this Decree shall be construed as, and Defendant expressly does not intend to imply, an admission as to any fact, finding, issue of law, or violation of law"

Next Steps and Timeline

What Happens Next

  1. Court Approval Process: The consent decree was filed November 5, 2021, and approved by U.S. Magistrate Judge Jeremy D. Peterson on November 4, 2021
  2. Attorney General Review: CSPA must serve a copy on the California Attorney General for the required "45-day statutory review period specified in Proposition 65"

Key Deadlines

  • Permit Seeking: Must begin within 5 business days of court entry
  • Permit Deadline: 6 months from court entry (with possible 6-month extension)
  • Removal Deadline: 90 days after receiving all permits
  • Payment Deadline: Legal fee reimbursement due within 30 days of court entry

Backup Plans

The agreement includes several "escape hatches" where either party can void the decree:

  • If permits aren't obtained within the specified timeframe
  • If removal funds prove insufficient based on contractor estimates
  • If cables aren't removed within 90 days of getting permits
  • If the court doesn't approve the decree

What This Means for Lake Tahoe

If successful, this agreement will result in the complete removal of 8 miles of lead-containing cables from Lake Tahoe's lakebed, potentially eliminating a source of lead contamination in the lake's waters. The case represents an effort to address legacy environmental contamination in one of California's most important recreational and drinking water sources.

Court Status: The decree was approved and entered by the court on November 4, 2021, making it legally binding on both parties.

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