Williams v. Moulton Niguel Water Dist.

232 Cal. Rptr. 3d 356, 22 Cal. App. 5th 1198
CourtCalifornia Court of Appeal, 5th District
DecidedMay 3, 2018
DocketG053002
StatusPublished
Cited by6 cases

This text of 232 Cal. Rptr. 3d 356 (Williams v. Moulton Niguel Water Dist.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Moulton Niguel Water Dist., 232 Cal. Rptr. 3d 356, 22 Cal. App. 5th 1198 (Cal. Ct. App. 2018).

Opinion

IKOLA, J.

*1200Plaintiff homeowners allege the copper piping in their homes was damaged by a chemical the defendant water districts added to tap water. Adding the chemical was authorized by regulation, however, and it is undisputed that the water districts complied with all statutory and regulatory *1201standards. After a bifurcated bench trial on certain legal issues, the trial court entered judgment for the water districts, finding plaintiffs' causes of action for nuisance and inverse condemnation were preempted by federal and state laws, and *358otherwise insufficient on the merits. The plaintiff homeowners appealed. For reasons we explain below, we conclude the plaintiffs' causes of action fail on the merits, and thus affirm.

PROCEDURAL HISTORY

Plaintiffs Lisa Williams and Shawn Williams filed a putative class action complaint against defendants Metropolitan Water District of Southern California (Metropolitan) and Irvine Ranch Water District (Irvine Ranch). Plaintiffs Steven Eckert and Joseph Repetti filed a putative class action complaint against Metropolitan and Moulton Niguel Water District (Moulton Niguel). Plaintiffs Anthony Caito and Enrique Ceniceros filed a putative class action complaint against Metropolitan and Moulton Niguel. The three complaints were consolidated. Collectively, we refer to defendants as the Water Districts.

All three complaints asserted causes of action for public and private nuisance, and inverse condemnation, seeking damages, injunctive relief, attorney fees, and costs. Each complaint alleges that chloramine in the water caused pinhole leaks in the copper piping of plaintiffs' homes.

The parties stipulated to sever five threshold legal issues for trial on the merits, four of which are at issue here. Those issues were:

"a. Are the Plaintiffs' causes of action preempted by federal Safe Drinking Water Act?
"b. Are the Plaintiffs' causes of action preempted by the California Safe Drinking Water Act; and/or application of Hartwell Corp. v. Superior Court [ (2002) 27 Cal.4th 256, 115 Cal.Rptr.2d 874, 38 P.3d 1098 ], and In re Groundwater Cases [ (2007) 154 Cal.App.4th 659, 64 Cal.Rptr.3d 827 ]?
"c. As a matter of law, can the occurrence of pinhole leaks in residential copper plumbing give rise to inverse condemnation liability allegedly caused by the treatment and delivery of drinking water?
[¶] ... [¶]
"e. As a matter of law, does the Defendants' compliance with statutory and regulatory mandates bar plaintiffs' public and/or private nuisance claims?"

Causation and damages were not at issue in this phase of the trial.

*1202The court held a bench trial based on briefing and exhibits (no witnesses were called, though declarations were submitted). The court made findings on each issue in favor of the water districts, and entered judgment accordingly. Plaintiffs appealed.1

FACTS

Because, at this stage, the facts are largely undisputed, we quote extensively from the court's statement of decision.

"Defendant Metropolitan is a wholesaler of water to 26 member agencies, serving nearly 19 million people living in Southern California. [Citation.] Metropolitan imports water from two principal sources: (1) the State Water Project in Northern California, via the California Aqueduct, and (2) the Colorado River, via the Colorado River Aqueduct. [Citation.] These sources have distinct water quality profiles, each containing different organic constituents. Under conventional treatment and chlorination, these organic constituents generate a wide range of 'disinfection byproducts,'

*359many of which pose a potential health risk. [Citation.] To combat these risks, Metropolitan treats imported raw water with chloramines, a secondary disinfectant, to reduce disinfection byproducts with the object of protecting human health. [Citation.] The California Department of Health Services ('DHS') first approved Metropolitan's use of chloramines as a secondary disinfectant in 1983. [Citations.] In April 1986, DHS issued Water Permit No. 86-016 to Metropolitan which acknowledged that Metropolitan obtained DHS' approval in 1983 to use chloramines. [Citation.] Metropolitan has consistently used chloramines since 1985."

"Congress enacted the Safe Drinking Water Act (federal SDWA) [citation] in 1974 to establish uniform quality standards for the public water systems in the United States and to reduce contamination in drinking water." ( Coshow v. City of Escondido (2005) 132 Cal.App.4th 687, 703, 34 Cal.Rptr.3d 19 ; see 42 U.S.C. § 300f et seq. ) "Under the authority of the [federal] SDWA, the United States Environmental Protection Agency ('EPA') protects public health by ensuring safe drinking water and overseeing the implementation of the federal SDWA." (See 42 U.S.C. § 300f (7) ; 40 C.F.R. § 141.) "The federal SDWA authorizes the EPA to develop and set national standards for drinking water." (See 42 U.S.C. § 300g-1(b).) "To develop these standards, the EPA engages in a detailed risk and cost assessment and extensive review of the best available peer-reviewed science. The SDWA also charges the EPA with the responsibility of overseeing the states, localities, and water suppliers *1203who implement the national drinking water program." "The [federal] SDWA gives states primary enforcement authority for drinking water programs provided that the states meet certain criteria, including the adoption of drinking water standards that are no less stringent than the national primary drinking water regulations promulgated by the EPA." (

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Micheli v. City of Fresno CA5
California Court of Appeal, 2026
Shehyn v. Ventura County Public Works Agency
California Court of Appeal, 2025
City of Norwalk v. City of Cerritos
California Court of Appeal, 2024
Bottini v. City of San Diego
238 Cal. Rptr. 3d 260 (California Court of Appeals, 5th District, 2018)
Bottini v. City of San Diego
California Court of Appeal, 2018

Cite This Page — Counsel Stack

Bluebook (online)
232 Cal. Rptr. 3d 356, 22 Cal. App. 5th 1198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-moulton-niguel-water-dist-calctapp5d-2018.