99% Invisible - A River Runs Through Los Angeles

Episode Date: July 16, 2024

When you hear the word "river," you probably picture a majestic body of water flowing through a natural habitat. Well, the LA River looks nothing like that. Most people who see it probably mistake it ...for a giant storm drain. It's a deep trapezoidal channel with steep concrete walls, and a flat concrete bottom. Los Angeles was founded around this river. But decades ago it was confined in concrete so that, for better or worse, the city could become the sprawling metropolis that it is today. All these years later the county is still grappling with the consequences of those actions.A River Runs Through Los Angeles

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Starting point is 00:00:00 This is 99% Invisible. I'm Vivian Le, sitting in for Roman Mars. I've lived in Los Angeles for give or take eight years now, and I wanted to take you to a place here in the city that's a little weird, but also pretty special. Maybe it's a different spot that we get in. I feel like this is going to be a lot of guess and check. It's also kind of hard to get into. Luckily, I had backup with me. This street that we're on is about as close as you can get to the river.
Starting point is 00:00:35 I know that there is some way to get down there, like an access tunnel point, which I don't know what your appetite is for getting into a tunnel. Reporting the story with me this week is Gillian Jacobs. Gillian is an actor, a director, and of course, a fellow LA resident. Yes, and that elusive spot we were trying to get to was the LA River. There it is. There's the river. There's our guy.
Starting point is 00:01:00 What is the predominant emotion you're feeling right now? Aw. It's a lie. When you hear the word river, you probably picture a majestic body of water flowing through a natural habitat. Well, the L.A. River looks nothing like that. Most people who see it probably mistake it for a giant storm drain. It's a deep trapezoidal channel with steep concrete walls and a flat concrete bottom. In the spot we were at, the riverbanks were lined with railroad
Starting point is 00:01:34 tracks, industrial warehouses, and commuter traffic. The water part of it, as in the thing that rivers are most known for having exists as just a tiny stream at the bottom of the concrete for most of the year. I mean, it is quite ugly. It's very ugly right here. But it is kind of pretty in a weird way. And there's water flowing, but it's like algae. The LA River is a surreal place to be,
Starting point is 00:02:02 which has made it a great location to have edgy photo shoots or film movies. You've actually probably seen it in the iconic scene from Grease where the T-birds drag race the scorpions down the dry riverbed, or the scene from Terminator 2 where the T-1000 chases John Connor in a semi-truck. Yes, Los Angeles is a modern city filled with concrete, but other major cities with rivers like Chicago, London, and Paris have managed to retain more
Starting point is 00:02:29 of the natural river-ness. Those rivers feel untouched in comparison to the hyper-engineered Los Angeles River. Los Angeles was founded around this river, but decades ago, it was confined in concrete so that, for better or worse, the city could become the sprawling metropolis that it is today. And all these years later, we are still grappling with the consequences of those actions.
Starting point is 00:02:58 Before the river was encased in a narrow concrete passageway, it wandered freely throughout the Los Angeles basin. Think of water everywhere. There were rivulets, there were freshets, you know, little stream beds that you had to leap across all over Southern California, all the way up to Beverly Hills they found these little watercourses and it's almost impossible to imagine that Los Angeles. This is Pat Morrison, LA Times columnist and author of the book Rio LA. She says that even before human intervention, the LA River behaved in peculiar ways. After heavy rains, the LA River would swell from a trickle into a full-blown river,
Starting point is 00:03:39 but with no fixed course. Sometimes when the river flooded, it would cut new pathways, turning different parts of the LA basin into a tapestry of wetlands and inland seas. It may rain for two or three months out of the year, and what that rain does constitutes pretty much where the river decides to go. If it's not a very rainy season, the river will behave itself in its pretty, you know, small, flat little bed. But if there's a lot of rain, it's going to say, well, this looks like a good place to flood, and this looks like a good place to overflow.
Starting point is 00:04:12 The river's watershed was larger than the island of Maui. And all of this untethered water had a huge impact on the entire ecosystem of Los Angeles. People today look at LA and think it's a desert because it's so dry. But the climate is actually closer to the kind of Mediterranean weather you'd see in, say, Spain or Portugal.
Starting point is 00:04:32 The river supported dense forests, marshlands, and enormous biodiversity. So the river did not just affect the corridor that it runs in. It affected the whole landscape. This is Matthew Tutimas, tribal biologist for the Gabrielino Band of Mission Indians Keech Nation. Tutimas says that the Keech built their lives around the water provided by the LA River.
Starting point is 00:04:55 Now, the LA River, the ancient name for it is Wienot, which means the life-giver. And that pretty much explains it all in terms of the capacity of what this river provided. Even in its original natural state, the LA River was very boom or bust. During the rainy season, the river would flood wide swaths of the LA Basin. But during the dry season, which in LA is most of the year, most of the rushing surface water would shrink to a shallow stream. Many of our zones and many of our waterways are ephemeral, meaning they're seasonal. They only occur during high water volume times. Despite these patterns of flooding and drought, the river was more than enough to support
Starting point is 00:05:43 the indigenous communities of the LA basin. That is until, of course, the arrival of European colonizers. Los Angeles fell under the control of Spain, then Mexico, then finally the United States. And to settlers from the East Coast, the LA River, which seemed both too wet and too dry, was baffling. Yankee rivers earn their keep. Yankee rivers are rivers where you can float barges and move goods and commerce and people. And what kind of lazy-ass river just sits around and doesn't do anything for nine months out of the year?
Starting point is 00:06:19 So it was a very frustrating river for people who came with these industrial sensibilities to look at and to depend on. When California gained statehood in 1850, the population of Los Angeles absolutely exploded. The city grew from just under 2,000 to 100,000 people in only 50 years. This growing population began depleting the river and its groundwater to the point that by the turn of the 20th century, the LA River was completely dry. But Los Angeles city leaders had no intention
Starting point is 00:06:53 of slowing the population growth because they wanted to become the dominant city in California. So instead, they found themselves a different water source. In 1913, a civil engineer named William Mulholland unveiled an aqueduct that diverted water from the Owens Valley about 233 miles north and siphoned it down to LA. The aqueduct basically destroyed the livelihood of farmers up north and set off a series of violent conflicts called the California Water Wars. Sorry, that last beat of LA history was a bit of a spoiler if you've never seen the movie
Starting point is 00:07:28 Chinatown. Once the dust had settled and Los Angeles had itself a shiny new imported water source, Angelinos pivoted from draining their river to outright trashing it. They dumped waste from factories, dead animals from slaughterhouses, and untreated sewage into the mostly dry riverbed. It was inconsequential as far as Angelino's were concerned by then. So to make room for the people and industries of a booming new city, developers built closer and closer to the dried up banks of the river.
Starting point is 00:07:59 But of course, the LA River isn't just any kind of river. And all of this short-sighted development backfired in a big way. When these settlers came out here, their small timeframe of knowing how our land works, they said, eh, let's get close to the rivers. You know, we don't get much water anyway, and then we have our floods. Remember, the LA River could be dry for long stretches of time, and this was especially true after settlers depleted the watershed.
Starting point is 00:08:28 But it was only a matter of time before Los Angeles had another big rainy season. To make matters worse, the topography of Los Angeles County was practically designed to flood. The principal city of Los Angeles sits in the bowl that's surrounded by the ocean and then by mountains and hills. And all of the rains that come to those areas over the course of a winter have nowhere to go except down. And we are down. That's where we are. What makes the LA River's flood path especially dangerous is just how quickly the water can move once it gets going. The watershed begins high up in the Santa Susana Mountains, the San Gabriel Mountains,
Starting point is 00:09:09 and the San Fernando Valley and drops to a very low altitude in the blink of an eye. — And because of the steep decline, that water picks up incredible speed. — Now, the Mississippi River and the LA River both drop about the same distance from source to mouth. The difference is the Mississippi River takes 2,000 miles to get from way up there to way down there. We do it in 50 miles. 50 miles.
Starting point is 00:09:37 So it's like the difference between a wheelchair ramp and a water slide. And it all comes down. And it brings it into this funnel all of the tributaries of the Los Angeles River and so when it rains a lot the water comes shooting down off of those hills like something crazy. In 1914, the year after the Owens Valley aqueduct opened, LA was hit with a major flood. It caused so much damage that there was a public outcry for the city to address its flooding problems. But did the people of Los
Starting point is 00:10:11 Angeles learn their lesson about building right up to the banks of the flood-prone river? No! That's right, Gillian. And 20 years later, in 1934, it happened again, only worse. In the last week of December in 1933, Los Angeles was slammed with a heavy winter storm, and on New Year's Day, the banks of the LA River swelled beyond their capacity. And Woody Guthrie wrote a song about the great Los Angeles flood. hit the mountains, it swept away our homes, and a hundred souls was taken in that fatal New Year's flood. This second flood gained national attention and prompted the federal government to step in.
Starting point is 00:10:59 In 1936, Congress passed a law that gave the U.S. Army Corps of Engineers authority over the L.A. River to build flood control measures. But it was a third flood just a couple of years later that would lead to the river's downfall. 1938 was the flood that essentially doomed the Los Angeles River to no longer be a natural river. March 2, 1938 is, to this day, the wettest day on record for Los Angeles and led to the most devastating flood
Starting point is 00:11:29 in the city's history. In current day value, the flood caused about $1.7 billion worth of damage and an estimated 115 people were killed. Disaster, destruction and death descend on five Southern California counties. Tons of water submerged 30,000 square miles of populous beach. And in the 1938 flood, the prop department of Warner Brothers was very badly damaged by the rising river waters.
Starting point is 00:12:00 One of the things that got carried away was a big plywood whale that had been used in a movie. And so for that one minute, there was a whale in the Los Angeles River, even though it was a plywood movie whale, which sums up Los Angeles so beautifully. This third flood also brought the city's biggest event of the year to a standstill. This was in March of 1938. What happens in March, or usually did, the Oscars. They could not get to the Oscars. Now we're talking crisis. Three days they had to postpone the Oscars because the movie stars were stranded. That was the final straw. Los Angeles had had enough. We have to tame this killer river, this nightmare river. Those were the words you saw in the newspaper headlines at the time.
Starting point is 00:12:47 Los Angeles residents were tired of living under the constant threat of flood. City leaders also hated the fact that the expanse of the river's floodplain took precious real estate off the market. So the city decided to take its most drastic step yet. It would carve out a 51-mile set pathway and seal the river into place with concrete. The river's sole purpose would be to funnel stormwater out to sea as quickly and efficiently as possible. Taking this enormous watershed and packing it into a narrow concrete channel was an incredibly
Starting point is 00:13:19 ambitious plan. But the United States at the time was in the depths of the Great Depression, and when the Army Corps of Engineers was tasked with this channelization project, it put 17,000 people to work. And so you had a massive government works project that was put underway where lawyers and dentists were out there working on paving the Los Angeles River. Over the next 21 years, the Army Corps of Engineers moved 20 million cubic yards of earth, poured 2 million cubic yards of concrete,
Starting point is 00:13:53 and placed nearly 150,000 pounds of reinforced steel. It remains the largest public works project west of the Mississippi. This is Jenny Price, a writer and public artist. The river's trees were scraped away, its green spaces ripped out, its shorelines removed, its curves straightened. By 1960, the river had been completely transformed and then barricaded behind chain link fencing. They not only channelized the river and cemented the
Starting point is 00:14:20 river and paved the river, but they buried it, right? They dug the channel and put the river into it. So it's deep. You're in this kind of cavernous space. Trapping the river into a secure path meant that real estate developers could build properties like never before. A lot of the LA River basin was kind of wetlands that would flood seasonally. South LA was wet, West LA was wet, the valley was very, very wet. But thanks to the concrete channel, all of those different corners of the city were now dry. If you look at when those suburbs in West LA
Starting point is 00:14:54 and the valley in the South LA really mushroomed, it's right after that they concrete the LA River. The channelization of the river was an extreme, even violent approach to flood control. But in a way, the concrete did what city leaders at the time wanted it to do. The county, so far, has not experienced a flood as devastating as the one in 1938. And with the river fastened into place, Los Angeles was also able to urbanize at a breakneck speed. Now, nearly one million people live within a mile of the river.
Starting point is 00:15:27 But when Los Angeles traded its natural river for real estate, it got a lot more than it bargained for. Because in the process, we've created a slew of other environmental and social problems. You've taken a river and you've shut it off from its river basin. So water can flow into but not out of the river. So the river no longer replenishes the soil with nutrients, the aquifers with water, and the beaches with sand. At the same time, you have designed the infrastructure to get as much water as possible into the
Starting point is 00:15:59 river as you can to drain all of the storm water into the storm sewers, into the tributaries, into the river, now to the Pacific Ocean. So how does LA manage its water? Takes all the water that gets for free from the sky, which we call rain, right? And designed its infrastructure to move all of that water as fast as possible out into the Pacific Ocean. And then it spends like a billion dollars a year to import from watersheds all across the West. It's significant ecological cost to all those watersheds. It's insane. It makes
Starting point is 00:16:32 absolutely no sense. By the time the project was completed in 1960, most people thought of the LA River as a flood control channel. Generations of Angelenos grew up without ever realizing that we once had a powerful river and that it made this city possible. My kids are teenagers now. And you know, you're driving around downtown LA and you see the sign Los Angeles River.
Starting point is 00:16:57 This is Christina Martina, secretary for the Gabrieleno Band of Mission Indians, Keetch Nation. And last time we were downtown, I'm like, mom, there's a river? I said, well, when we get to it, look over the edge and tell me what you see. And they're like, there's nothing there.
Starting point is 00:17:14 It's just concrete, I said. Yep. I said, look at how wide that concrete ditch is, right? Imagine all that concrete gone, and that was full of water at one point. So, you know, my kids will never know what the LA River looked like. You can only imagine. What was your relationship to the river growing up? Did you have one? None. None. That's all I know as well. It's just the concrete jungle of it all.
Starting point is 00:17:48 Yep. After the LA River was paved, it remained mostly ignored for decades. Even though it ran straight through the heart of Los Angeles County, people forgot it was there. For all intents and purposes, the river was just another piece of infrastructure. There was a proposal by a state assemblyman to use the river as a freeway during the dry season. There was a proposal to paint the channel blue. It was difficult to see the river as anything other than a punchline.
Starting point is 00:18:16 The word river seemed like a weird euphemism for this concrete ditch that people actively avoided. But in the 1980s, 20 plus years after the LA River was paved, something slowly began to change. Some people in Los Angeles started looking at the river a little differently. They began to question whether the river had to be like this. The first and loudest of these people was an artist named Louis McAdams.
Starting point is 00:18:46 He was a poet and a performance artist in a pork pie hat. And his first realizations about the LA River came when he and his friends had been like smoking a little something something and went down to the river which was fenced off and got some wire cutters and went on in. From that moment on, McAdams was determined to be an advocate for the LA River. In 1986, he founded an organization called Friends of the Los Angeles River,
Starting point is 00:19:16 which was made up of other artists and architects. They made it their mission to get Angelenos and policymakers to start thinking and caring about their river again. The way that we move water through the Los Angeles region is enormously insane and enormously screwed up, but as screwed up as it is, the LA River is still the central artery of the major watershed and has never ceased to be that. Eventually the LA River went from being a niche artistic project to a mainstream one. Other groups and individuals started asking questions like, what if we restored some of
Starting point is 00:19:49 the natural habitat along its concrete banks? What if the river could be part of a solution to our constant drought? What if the river became a place that people wanted to visit rather than avoid? What if we built some damn parks? McAdams and other river advocates believed that before anything physical could happen, Angelenos had to change the way they were thinking and speaking about the LA River. If we wanted people to stop treating the river like a flood control channel, we had to stop calling it a flood control channel. There's a famous story where Lewis was at some meeting and whenever someone from the
Starting point is 00:20:26 county or the chorus said, uh, flood control chain, he said river. It was like flood control channel, river, flood control channel, river. Yeah. It's the power of, of words, right? Power of, um, owning words and owning the river as a river. This is Candace Dickens Russell, president and CEO of Friends of the Los Angeles River. It's the nature versus built. And I think that's the thing that changes in people's minds when they talk about it as a river. It's something that deserves to be here as
Starting point is 00:20:55 opposed to a flood control channel. Oh, they just built that so that we could solve some problems. After years and years of grassroots activism, by the early 2000s, the river, to be honest, still looked like a concrete monstrosity, but things were actually getting better. A few pocket parks had sprung up along the river, and it helped that years earlier a water reclamation plant opened upstream, which meant that the river actually always had at least some water in it. It was by no means the Danube. You still probably couldn't pay people to get into the water, but it was an improvement.
Starting point is 00:21:29 But in 2006, right in the middle of the Los Angeles River's comeback, a Supreme Court decision pulled the emergency break on all of that positive momentum. It imperiled the wetlands in the LA River basin. It was a case called Ropano's versus the United States, and it challenged protections granted by the Clean Water Act. The Clean Water Act states that it's illegal to discharge any pollutant into,
Starting point is 00:21:53 quote, navigable waters. What this case in particular argued was that wetlands and ephemeral rivers like the L.A. River didn't count as, quote, navigable waters because they dried out for a lot of the year. It basically came down to, can you float a boat on it? Yes or no. If not, you can dump pollution into it. The upstream folks, conservative upstream folks,
Starting point is 00:22:16 finally got what they'd been wanting for a long time, right? Which is that they wanted to declassify most wetlands as being protected under the Clean Water Act. Sure enough, in 2008, the Army Corps of Engineers, who had jurisdiction over a lot of the river, ruled that of the 51 miles of river, less than four were navigable and therefore worthy of protection. This decision was essentially granting permission to polluters and developers to treat the river like crap again. Taking away its clean water protections was basically accepting that the LA River
Starting point is 00:22:47 would never be more than a flood control channel, setting back decades of forward thinking momentum achieved by environmentalists. If this decision had happened 30 years earlier, perhaps nobody in Los Angeles would have put up a fight. But after decades of activism, the LA River finally had some advocates and one unexpected ally. Hi, my name is Heather Wiley. I worked for the Army Corps of Engineers. I left as a whistleblower.
Starting point is 00:23:15 At the time, Heather Wiley, who declined an interview for this story, was working as a biologist within the Army Corps of Engineers. My agency, the Army Corps of Engineers, decided to take it upon themselves and... When she learned that her organization was about to strip the LA River
Starting point is 00:23:31 of its clean water protections, she got to work. Wiley leaked the information to a number of top environmental lawyers, as well as the House Oversight Committee. At the same time, she was also furiously researching to find any proof that the river actually was traditional navigable. Which led her to a YouTube video called George's LA River Commute.
Starting point is 00:23:53 It's a short comedy video that was posted on YouTube. You see a goateed guy in a suit, trapped in his car in standstill LA traffic. Out of frustration, he gets out of his car, hops in a kayak, and wraps down the LA River, all set to the music of Green River by CCR. We were coming at it from a, well, isn't this goofy, isn't this funny? Here's LA traffic, of course everybody relates to that, and here's this guy who manages to get off the freeway and get in the boat. And that's just seemed like a quintessential LA situation.
Starting point is 00:24:27 This is George Wolfe, the George of George's LA River commute. He and a friend had posted the video for fun thinking that just a handful of people would see it. But when Heather Wiley clicked on that YouTube link, she realized that this could be the way to prove the LA River was in fact navigable. So she called up George immediately. And it took Heather sort of hashing some of this stuff out in a very kind of manic way over the phone. She's like, I saw the video on the river and you have to get out there. What are you doing? You got to get the news. You have to get this covered. And we need to see people in boats on the river.
Starting point is 00:25:05 And I'm like, who are you again? After determining that she was not in fact an Army Corps spy, George signed on to help. He would play one part in Wiley's plan to save the river's clean water protections. In her mind she was like, oh, here are these boaters. That'll be one part of the whole strategy. And she was already reaching out to her congressman, and he's going to approach it from this whole other very large political angle. And how that works with the Supreme Court, I don't know. You're a guy in a kayak.
Starting point is 00:25:34 I'm a guy in a boat, you know, and we tend to be simpler folks. George assembled a group of a couple dozen kayakers, including Wiley, for a three-day kayaking trip down all 51 miles of the river. They scheduled the trip for the dead of summer when the water runs at its lowest, just to prove that even under the harshest conditions, it was possible. And in July of 2008, the fleet launched at the river's headwaters at Kenoga Park High School
Starting point is 00:26:01 amongst the concrete, chain-link fences, and do-not-enter signs. Inevitably helicopters show up, you know, the helicopters swoop around and then before long a couple of policemen on foot show up. Not long into the trip, the police stopped the caravan to see if they had permits to be on the river. They didn't have one to kayak the river, but as it turns out, George's wife, Taya, was filming a documentary about the whole river trip, and they were actually
Starting point is 00:26:30 able to present a film permit instead. Because it's LA, it's easier to get a film permit to go on the LA River than it is to get any other kind of permit to access the river. So they looked it over and they were like, well, they have a film permit. I don't know. Who are we to stop them? And so they carried on through the San Fernando Valley, around the movie studios, through downtown LA, avoiding discarded refrigerators and shopping carts. Along the way, they could see the soft bottom portions of the river where the concrete refused to take, and trees and plants managed to find a way up despite the channelization. And yet you see the hope because you see the trees and the brush all pop up through it.
Starting point is 00:27:10 You see majestic birds like the great white herons and the egrets and kingfishers and you know those red-legged stilt birds. And you see you know owls and hawks and an amazing panorama of life going on. So it's, and that's the thing that makes the LA River the LA River is the weird juxtaposition of stuff. They watched as the walls of the river itself morphed as they headed south, from narrow towering concrete walls
Starting point is 00:27:38 to a wide open trapezoidal channel, to that final open stretch out to Queensway Bay and Long Beach. We could see the Queen Mary in the distance, which was kind of ironic. Here we were in these little teeny tiny boats and there was this majestic ocean liner awaiting us at the very end. It seemed appropriate as an ending point. After a round of celebratory pizzas in the parking lot, the group headed home.
Starting point is 00:28:07 George and his team collected data and measurements during the trip and wrote up their experience into a big report. And we sent it off to the EPA and then didn't hear anything. It took two years, but in 2010, the EPA stepped in and overruled the Army Corps of Engineers, declaring that all 51 miles of the LA River were navigable and therefore would keep all of its Clean Water Act protections. We were all just kind of like, you know, that last scene in the whiz, they're just singing brand new day and dancing in the streets. It felt like that. We were just like, whoa, the LA River is navigable.
Starting point is 00:28:42 This is Candace Dickens Russell again, CEO of Friends of the LA River. It was a buzz. It kind of rippled through the office and everybody was just like, oh my gosh, this thing just happened. It was a big deal. It was a big deal because it meant that there were gonna be some formal
Starting point is 00:28:57 and very real protections for the river that were coming in. The kayaking stunt helped to restore the river's environmental protections and renewed a lot of interest in it. But river advocates say that there is still a lot to be done when it comes to revitalization. The community surrounding the river has been surveyed so many times. They've been asked what they want so many times and so little of that has come to fruition.
Starting point is 00:29:20 We have work to do. We have serious work to do. The river itself passes through 17 different cities, as well as county and federal jurisdiction. It also impacts a number of different communities. So there are a lot of conflicting ideas for how to make the river a better place for Angelenos, or how to do it in a way that respects native ecology, or how to do it in a way that avoids green gentrification, or how to do it in a way that avoids green gentrification, or how to do it equitably.
Starting point is 00:29:46 It's slow work. But although there has been disagreement on what revitalization should look like or how we'll get there, there is one thing that all of these agencies and organizations and advocacy groups and individuals and kayakers can agree on. The LA River is a river. I'm gonna hand out some paddles to you. Oh my gosh. All right. Listener, we are scrambling. After George Wolfe helped to reestablish the river's navigability status, he founded LA River Expeditions, which leads kayak tours at certain spots of the LA River. Since then, the group has gotten around 15 to 20,000 people
Starting point is 00:30:27 into boats and out on the water. Last summer, Vivian and I were two of them, which for very indoor people was a huge gamble. Can you say something for me? One, two, one, two. One, two, one, two. I'm very afraid. Just kidding.
Starting point is 00:30:40 We met up at the Sepulveda Basin, which is one of the few natural sections of the river that was never concreted. To be quite honest, the launch site was not much to look at. It was a wide open scraggly overflow zone. A big concrete overpass was blocking part of the river view and parked along the banks were some shopping carts filled with scrap.
Starting point is 00:31:02 I'm on the river. I'm wearing a helmet. I'm wearing a helmet. I'm observing. I see a pipe, a rusty pipe ahead. But once we rounded the bend, under the belly of that big concrete overpass, you could see it. It's still a river full of life.
Starting point is 00:31:23 Whoa, Canadian geese flying above. And although city leaders tried to bury it, it's still here. Ooh, there's fish here. There's a bunch of little fish here. Bunch of little baby guys. You can get a small sense of what the LA River once was. And even though it represents so much
Starting point is 00:31:45 of what we did wrong in Los Angeles, it is also a reminder that we could still get it right. Beautiful. Flying egret. Yeah, gorgeous. Gorgeous, gorgeous, gorgeous. After the break, Gillian comes back to talk more about the LA River. Stay with us.
Starting point is 00:32:26 So I am back with producer and friend of the show Gillian Jacobs. Hello, friend. Hi, friend. How are you? I'm good. How are you doing? I'm doing great. Yeah, so we like to use these CODES to chat about the things that we came across while reporting our stories, but for whatever reason, they don't make it into the episode.
Starting point is 00:32:42 And today, we actually wanted to talk about two things. The first being a story about what the LA River could have been. Yes. So in our reporting, we discovered that in the 1930s, as we all know, Los Angeles city leaders turned to concrete as the solution to the city's flooding issues. But you and I learned that it didn't have to be this way. There was actually an alternative idea for flood control being thrown around a few years earlier
Starting point is 00:33:09 that would have created a very different Los Angeles. In the late 20s, early 30s, the city, and I think the Chamber of Commerce commissioned a study, and they said, look at Los Angeles. We're on this point of incredible growth. What should the city look like? That's Pat Morrison, again, author of Rio LA. So she says that in the late 1920s, as Los Angeles was experiencing this super rapid
Starting point is 00:33:33 growth, the LA Chamber of Commerce actually had all of these concerns about all of the things that came with population growth, stuff like pollution and traffic and disappearing public park space. And there were already by this point conversations about constraining the LA River and some in the chamber worried that this approach would just make these other issues way worse. Which was absolutely correct. They were dead on. And also listen to the 99 PI episode about America's lost public transit.
Starting point is 00:34:03 If you want to hear more about why we don't have better public transportation in Los Angeles. Yes, shout out to our own show. So okay I'm taking you back. So at the time the chamber formed a subcommittee of about a hundred different high-profile Angelenos. One member was the director Cecil B. DeMille. Another was the actress Mary Pickford. Very important person in the early history of Hollywood. Google her if you've never heard of her. Please do. And this committee commissioned a proposal for the urban redesign of Los Angeles that would tackle all of these other issues as well as the flooding problem. And when I finally saw it, I started to cry because it was the city that we never got
Starting point is 00:34:46 that we should have gotten. It was called the Emerald Necklace. So the Emerald Necklace proposal was co-created by the sons of Frederick Law Olmsted, who was actually the landscape architect that designed Central Park. And Olmsted Senior designed something very similar in Boston decades earlier.
Starting point is 00:35:03 And like that plan, the Los Angeles Emerald Necklace imagined a series of interconnected parks and greenways along the coast and all throughout the city. And it would have created a more natural river path and also absorbed flood overflow. And if you look at it, keeping that intact, even marginally intact as greents, as overflow zones, would have made this a paradise.
Starting point is 00:35:30 Much as we love it now, we know it is an imperfect paradise. I don't know about paradise, but it would have been awesome. And the Olmstead Plan wouldn't have just provided protection from floodwater. It would have connected the entire city by green space. And rather than funneling out precious rainwater to the ocean, a lot of it would be able to absorb back into the water table through these parks. Right. Yeah, that's so sad to think about.
Starting point is 00:35:58 It would have solved so many issues. So what ended up happening with the Olmstead Plan? Well, unsurprising, the proposal was shot down immediately. It was actually killed by the Chamber of Commerce itself, which was the entity that commissioned the plan. And almost no one even knew it existed for decades. It took too much stuff off the market. And it was the Depression.
Starting point is 00:36:19 We couldn't afford it. And so now we have to live with the consequences 100 years on. It is striking how the Olmstead plan was, you know, the exact opposite approach to flood management that we ended up with. And it would have created like a fundamentally different Los Angeles. You know, you and I both live here and it's, it's not that Angelino's don't value park space, but it does feel like built into Los Angeles is the feeling that, you know, this kind of public space is not a priority for the
Starting point is 00:36:49 city itself. Yeah, and you have good reason for that feeling. So the trust for public land puts out a park score rating, you know, the hundred most populous cities in the country, and Los Angeles ranked 88 out of 100, which is... That's really bad. That's such a bummer. Yes, yes. I mean, you could feel it, but that is such a bummer. I know.
Starting point is 00:37:14 We know it's bad. I didn't know it was that bad. And I did want to say that the Olmsted plant has served as an inspiration for some of the proposals to revitalize the LA River. So one day we might see some elements of that design. I don't know. We'll see. I mean, don't make Pat Morrison cry. That's just what I want to say to LA power figures. Yes, protect Pat Morrison at all costs. At all costs. Please. Don't make her cry ever again.
Starting point is 00:37:42 Yeah. So maybe one day we'll see some reflection of the emerald necklace in Los Angeles if we could ever get her act together. And that's the good news. That's the good news portion of the quota. And originally it was going to be the only thing we were going to talk about, but something very recently happened in the news and it felt like it was important that we talked about it because it could possibly impact the future of the LA River.
Starting point is 00:38:07 Yes. So a big part of the main episode was this key moment in 2008 when the LA River's clean water protections were put in jeopardy because of an interpretation of a Supreme Court decision. So Vivian, do you want to take away the recap? Sure, yes. So the Clean Water Act protects, quote,
Starting point is 00:38:24 navigable bodies of water. That's the language of the law itself. And then in 2008, the Army Corps of Engineers declared the LA River non-navigable. But eventually, the EPA stepped in and overruled the Army Corps of Engineers and declared that the LA River was navigable again, which preserved its Clean Water Act protections. Yes, so the EPA was able to step in and preserve the LA River was navigable again, which preserved its Clean Water Act protections. Yes. So the EPA was able to step in and preserve the LA River's clean water protections because
Starting point is 00:38:50 of this long-standing precedent called the Chevron Doctrine. The Chevron Doctrine basically meant that when a law is vague or ambiguous, federal courts need to defer to an agency like the EPA to interpret that law. So the reason why the L.A. River was able to keep its clean water protections was because the Clean Water Act had this ambiguous language, quote, navigable waters. So the EPA had the power to interpret the meaning of navigable. Right. Because there was some confusion about the language of the Clean Water Act, scientists and biologists and engineers that work within the EPA as an Because there was some confusion about the language of the Clean Water Act, scientists
Starting point is 00:39:25 and biologists and engineers that work within the EPA, as an entity, they were allowed to make the decision of whether the LA River specifically was worth protecting rather than in court by some non-expert judge. Yes. But while we were reporting this story, the Supreme Court overturned the Chevron Doctrine. And so now it's not clear how long the EPA's protections will last. Which is super scary. Like that is really scary.
Starting point is 00:39:53 This is my version of a horror film. We don't know if this is going to have an impact on the LA River. And there is a possibility that someone else in the future will challenge the river's clean water protections and this ends up in court, but maybe not. I don't know. Yeah, right. And it's important to note that this ruling has other huge implications to outside of the alley river.
Starting point is 00:40:20 Protections for other ephemeral waterways like wetlands and creeks can be challenged. It also means that, you know, all sorts of federal regulations could end up in court from like the Clean Air Act, climate protections, endangered species protections, you know, so it's a mess. Yeah. And this is why activism and raising awareness of the river and the importance of the river is so key. And, you know, that's why all the measures that people have been taking for decades are important to preserve.
Starting point is 00:40:51 Right. And I mean, and those protections start with people actually knowing about their rivers and these waterways. That's where kind of the caring starts of it. And that's where the activism goes from there. Yeah. So yeah,, I know it's not the happiest note to leave this episode on, but you know. We had to tell you, dear listener. We had to tell you. You gotta know. It's important that you know. You gotta know.
Starting point is 00:41:16 Well, thank you so, so much for reporting the story with us, and thank you for overcoming your fears and getting into a kayak. Oh my gosh. And you can see the LA River. I know you were super worried about that. I am just glad that this podcast does not have a YouTube channel because otherwise Vivian would be showing footage of me just failing at kayaking.
Starting point is 00:41:35 So. You did great. Only for you Vivian and only for 99PI will I get into a kayak. Well, thank you Gillian. Thank you Vivian. 99% Invisible was produced this week by Gillian Jacobs and me, Vivian Ley. Edited by Kelly Prime, mixed by Martine Gonzalez, music by Swan Riel, with additional music
Starting point is 00:41:57 by Mia Byrne. Fact-checking by Graham Hayesha. Special thanks this week to George Wolfe, Eileen Tikada, and Andy Salas. Cathy Tu is our executive producer, Kurt Kolstad is the digital director, Delaney Hall is our senior editor, our intern is Nikita Abde. The rest of the team includes Chris Berube, Jason DeLeon, Emmett Fitzgerald, Gabriella Gladney, Christopher Johnson, Lasha Madan, Jaka Maldonado-Medina, Nina Pottsack, Joe Rosenberg, and
Starting point is 00:42:25 of course, the boss man, Roman Mars. The 99% invisible logo was created by Stephen Lawrence. We are part of the Stitcher and SiriusXM podcast family, now headquartered 371 miles and six blocks north of Los Angeles in the Pandora building in beautiful uptown Oakland, California. You can find us on all the usual social media sites as well as our brand new Discord server. There's a lot of nice people talking about architecture and complaining about Robert Moses there. There's a link to that as well as every past episode of 99PI at 99PI.org.
Starting point is 00:43:13 Okay, I can do this. I can do it. I can do it. Come on baby! Come on baby! I'm getting it! Hello! That was like a level one rapids and it nearly killed me.

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