Plaintiffs in a lawsuit against the Cecilia Water Corporation (CWC) have received certification allowing the suit to proceed with class action status.
A petition by the group, Cajuns for Clean Water LLC, seeking class status was granted by 16th Judicial District Judge Paul J. deMahy on Sept. 25. The suit follows decades of complaints about poor water quality and unacceptably low water pressure in the Cecilia system.
In the explanation of his ruling, Judge deMahy cites evidence that CWC officials have long been aware of worsening problems. A 1996 engineering report documented Cecilia’s inability to meet quantity and quality demands. The report recommended the construction of an additional water plant.
Despite documented problems meeting demand, “Cecilia has continued adding water lines and customers to its system throughout the years,” deMahy wrote. In 2011, CWC applied to the Louisiana Public Service Commission (PSC) for a rate increase. That request was granted with the intent that it would finance the proposed plant.
No action was reportedly taken to begin construction. In 2015, again citing the need for the new plant, an application was made for a second rate increase. That time, the PSC denied the request, stating that customers had been paying for a new plant for five years with no construction having begun.
On top of chronically low water pressure, customers experienced especially bad events in 2010, 2013 and 2014. In those instances, water delivery dropped to the extent that customers, “could not bathe or flush toilets and had to purchase bottled water,” the suit claims. In the 2014 event, all four Cecilia schools had to close, as did many businesses.
The owner of the Holiday Inn near I-10 testified that customers had to get buckets of water from the motel pool to flush toilets. Linens had to be taken to a laundromat for cleaning. CWC sent a letter to customers directing them to conserve water.
Low water pressure is more than an inconvenience to customers. Pipes cannot be flushed adequately when pressure is low. Sediments have reportedly damaged water heaters and ice making machines.
In deMahy’s statement, the judge writes that many customers complaining of low pressure also claim to have experienced discolored water, excessive sediments, foul smells and ruined clothes. Annual water quality reports since at least 2010 indicate arsenic levels above regulatory guidelines. Arsenic has been linked to cancer and other health problems.
Class action status is granted in cases where individual lawsuits would unduly overload the legal system or individual damages are too small to justify court action. Several requirements related to numbers and consistency of plaintiffs must be met for class certification. Cajuns for Clean Water, deMahy ruled, has satisfied all the legal requirements.
In class action suits, individual plaintiffs do not have to prove their own cases. They can be eligible for judgements simply by membership in the “class.” In this case, the class is defined as:
•Households and their residents who at any time between Dec. 1, 2010 and Feb. 28, 2015, were receiving their water supply from the CWC;
•Owners and/or occupants of businesses, schools or health care facilities who, at any time between those dates, were receiving their water from the CWC;
•Lessors/lessees of residential or commercial property that meet the same standard.