Thank you AT&T

When it comes to old lead cables being left in bodies of water - the negative headlines write themselves. For mountain regions such as Lake Tahoe, its straightforward to identify which companies laid infrastructure. Only so many have done industrial projects, especially decades ago.

It's easy to blame corporations, and furthermore productive as they represent large pools of capital that could theoretically be utilized to right the wrongs of the past. There are some clean up efforts that simply can't be done by handing out plastic bags and gloves to a group of volunteers. They require deep expertise, industrial equipment, sophisticated project management, and funding. Millions in funding.

But like many controversial issues in our time - the truth is complicated and inconvenient. AT&T didn't lay these cables. They acquired a company that acquired the company that did. No one who made the decision serves in a similar capacity today. This issue is at the intersection of M&A law, corporate responsibility, technological evolution, and how corporations weigh shareholder interests vs. stakeholder impacts. While the needed outcome is obvious, how we got here or what the path to removal entails never has been.

The first time I met anyone at AT&T regarding this situation was in January 2021. While I was skeptical going into the meeting, it was actually a great experience as I found them to be both intellectually honest and curious. Their natural inclination wasn't to minimize, disregard or downplay - but to investigate. They stated that there was no record of the cables. I watched them survey the water, and later unbury an old underground hatch that showed a cable. They expressed awe for the impressive engineering feats of their generational predecessors. It was one of many meetings their team did that year to understand the situation. It was time that they chose to spend - they were not compelled.

In November 2021, AT&T entered into a consent decree with the California Sportfishing Protection Alliance. That document is worth reading, as it represents a landmark commitment by a corporation to do the right thing even when they were not legally required to do so. It was their choice to engage. Its this document that likely got the Wall Street Journal's attention in the first place.

The commitment was celebrated for what it was: true leadership on a matter of environmental sustainability. It was even more impressive when considering that it came via a dispute, and showed that even when an environmental watchdog and a corporation disagree - there can be a productive path forward that errors on the side of safety. Our community celebrated this moment.

While a skeptic can pick apart the lack of admission and how they treated the presence of lead - the fact remains that they committed real resources to remove the cables. While it took some extensions, they stayed true to their word of obtaining all the necessary permits to remove the cables. In their May 19, 2023 and July 18, 2023 court filings they confirm they secured all approvals, with the latter listing the required agencies in detail. This achievement resents hundreds if not thousands of hours of work, as well as significant financial investment.

Any notion that AT&T hasn't been a part of a solution here is simply inconsistent with developments over the past couple years. While some actions they took up to and during the period of the consent decree could be scrutinized, criticized, and other illuminated - at this juncture that is not a productive path to removal given what they did do.

AT&T achieved something critical: they established which government agencies are required to sign off as well as confirmed that they were willing to sign off. This was monumental and paved the way for removal. Anyone who does not have some level of gratitude for these efforts probably has another agenda.

These efforts are the foundation for this project. Full stop. Because AT&T also did two things under the radar that have enabled us to push forward with a public removal as a community:

1. Use of 3rd party contractors

While AT&T personnel have been involved in the process - they have relied on entities outside of their corporation to get the project approved. In reviewing the various permits and legal filings you will see a name you're probably unfamiliar with: R3X Group (https://www.r3xgroup.com/). Talk to those involved locally in Tahoe and you'll hear the name of the firm's president, as he was the main point of contact for the agencies throughout the process. Many of the letters to government agencies come from R3X letterhead, and are publicly available. On the R3X website you won't find that they discuss their expertise in underwater lead cable removal. On LinkedIn you'll see that they have ~5 employees and ~20 followers. Nevertheless, their efforts were successful! It proves that a small group can a lead the charge in securing approvals, and they don't need a specific level of expertise or industry-wide recognition.

Furthermore, AT&T's project utilized an independent out of state engineering firm to do the actual removal work. The cable was to be disposed at an independent dump.

Taken together: agencies have approved a removal that utilized out of state consultants and contractors to do the job. If AT&T can hire people to do this? So can our community.

2. AT&T stated to the court that they do not own the cables.

In the November 2021 consent decree, page 2, line 13 you will find this critical detail:

This comment seemingly established that because the easements expired, AT&T does not own the cables.

All taken together, there is a productive path to build off these precedents set with agencies and in US District Court:

• AT&T proved that government agencies are willing to approve the use of independent 3rd parties to remove the cables

• AT&T stated that the cables are not their property, so their involvement - while eagerly welcomed - may not eventually be required

• AT&T did something great for Lake Tahoe by establishing these precedents, and left the door open for someone else to finish the job

We are those people. We are the ones who will grab the torch and get these cables out. So thank you AT&T for all your time and resources invested in this situation. We are here to finish the job!

Note (8.17.24). Comments regarding ownership as an "established fact" amended following additional research. Following the dissolution of the consent decree, statements made in that document may no longer be valid. These differ from other facts, such as those declared in US District Court regarding permits and all conditions being satisfied.