03/20/2025
The Wild & Scenic Law Center represents the Northwest Environmental Defense Center (NEDC) in a recently filed lawsuit under the Clean Water Act (CWA) against the City of Cannon Beach. In this suit, NEDC alleges that pollution discharged from outfalls at Gower Street and Tolovana State Park directly onto the public beaches violate the CWA because they contain untreated human waste. That's pretty gross!
Recent water quality data at these two outfalls, including samples collected by NEDC, DEQ, and Surfrider Foundation, show disturbingly high concentrations of f***l bacteria (e.g., E. coli) that often cause sickness in humans and pets. During the summer, children regularly play in the sand and the waters just below these outfalls. Every summer, Cannon Beach experiences beach closures ordered by the Oregon Health Authority due to harmful levels of bacteria.
The City of Cannon Beach hasn't done enough to fix this urgent public health problem. While the City has long blamed elk, dogs, and other non-human sources for this bacteria pollution, lab analysis by both DEQ and NEDC using advanced qPCR techniques identified significant concentrations of human DNA in the effluent - suggesting that the pollution is most likely coming from leaking sewer pipes, and is certainly not "composed entirely of stormwater" that might be exempt under the CWA.
NEDC has repeatedly conveyed to the City that it would prefer to reach a solution-oriented settlement that avoids prolonged and costly litigation. But now it seems the City would rather avoid the necessary treatment and other infrastructure upgrades that would permanently solve this longstanding pollution problem. Unfortunately, the City's approach does not bode well for what could be a busy and prosperous tourist season in Cannon Beach
We are proud to fight alongside NEDC to protect public health and water quality along the coast and elsewhere around Oregon.