Environment

Attorney General Bonta Co-Leads Multistate Amicus Brief Supporting Long-Term Energy Transmission Planning

February 4, 2026
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta today co-led a multistate coalition of 12 attorneys general and the California Public Utilities Commission in filing an amicus brief in the U.S. Court of Appeals for the Fourth Circuit supporting the Federal Energy Regulatory Commission (FERC) in defending Order No. 1920. The order — titled Building for the Future Through Electric Regional Transmission Planning and Cost Allocation — requires electric transmission providers to engage in long-term planning for regional transmission facilities and consider evolving demands and sources when proposing how to pay for those facilities. In the amicus brief, Attorney General Bonta and the coalition explain that Order 1920’s sensible long-term planning requirements will help support the development of needed transmission infrastructure, improve the grid’s reliability, incorporate state engagement, and reduce future costs to consumers.

“Advancing affordable, reliable, and clean energy should be about reducing costs to consumers and controlling the temperature on our planet’s thermometer. Long-term planning for the nation’s grid is commonsense and not a partisan issue,” said Attorney General Bonta. “Order 1920 advances an efficient approach to long-term energy transmission planning. With today’s amicus brief, we welcome FERC’s effort and urge the Court to uphold Order 1920 which will support efficient and clean energy infrastructure for our future.” 

"California’s clean energy future depends on a modern, well-planned transmission system that can reliably deliver affordable electricity to where it is needed,” said Alice Reynolds, President of the California Public Utilities Commission. “FERC’s Order 1920 is consistent with California’s long-term regional transmission planning process and will support the development of a lower cost, more resilient grid across the Western region.”

Electricity transmission is like an interstate highway system that connects generation sources to customers; it must have sufficient capacity along the corridors where it is needed. FERC properly identified deficiencies with the past model of transmission planning, including concerns about grid reliability, affordability, and growing electricity needs, and carefully responded with Order 1920. Order 1920’s transmission-planning reforms will generate several significant affordability and reliability benefits for the entire Western grid, including California consumers. It requires transmission providers to undertake long-term regional planning and then regularly update those plans. It also requires that providers incorporate economic and reliability benefits when choosing new transmission infrastructure projects, consider electrical grid-enhancing technologies, and improve state and interregional cooperation. These requirements will help California’s policies to connect less expensive and cleaner power sources to the grid — like wind and solar — thereby reducing greenhouse gas (GHG) emissions from the power sector, which is the nation’s second largest source of GHG emissions. At the same time, Order 1920 will improve reliability and lower costs when compared to the current approach to transmission planning.  

On May 13, 2024, FERC approved Order 1920, which it subsequently amended twice in response to administrative petitions. A few Republican-led States, conservative interest groups, and other entities have filed court challenges to Order 1920. These cases have been consolidated in the Fourth Circuit Court of Appeals under the lead case, Appalachian Voices v. FERC

In the amicus brief, Attorney General Bonta and the coalition explain that Order 1920:  

  • Is expected to accelerate upgrades with new, less expensive renewable projects and provide a critical foundation for realizing the GHG emission reduction benefits from various state and local climate and energy initiatives adopted by the coalition. 
  • Will spur the replacement of aging facilities and infrastructure that otherwise would have been avoided or deferred. This will improve affordability and reliability of the power sector, which too often relies on narrow decision-making that develops local power lines in an inefficient fashion. 
  • Includes several mechanisms specifically designed to reduce consumer costs. It requires providers to incorporate economic benefits into the planning for new facilities, and it also provides a mechanism for the reevaluation of approved transmission projects to prevent or minimize cost overruns.
  • Respects the important role played by states in developing and siting new power sources.

In filing today’s amicus brief, Attorney General Bonta and Attorney General of Massachusetts Andrea Joy Campbell, lead a coalition that includes the attorneys general of Connecticut, Illinois, Maryland, Minnesota, New Jersey, Oregon, Rhode Island, Washington, and the District of Columbia. 

In Major Win, Attorney General Bonta Secures Final Ruling, Ensures Release of All Funding for EV Charging Infrastructure Previously Blocked by the Trump Administration

January 23, 2026
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND  California Attorney General Rob Bonta today celebrated the U.S. District Court for the Western District of Washington’s final ruling against the Trump Administration in multistate litigation challenging the illegal withholding of funding for electric vehicle charging infrastructure. As of today, the U.S. Federal Highway Administration (FHWA) has approved nearly all funding allocated to California under the National Electric Vehicle Infrastructure (NEVI) Formula Program. After securing an early court order in June blocking the Trump Administration’s unlawful withholding of funding and with today’s court order, Attorney General Bonta, along with California Governor Gavin Newsom, the California Department of Transportation, and the California Energy Commission, has now ensured that California can access $379 million in funding to support electric vehicle charging infrastructure it had been previously awarded. 

“After several attempts by the Trump Administration to unlawfully block funding for electric vehicle infrastructure, we have secured a full victory in court, guaranteeing $379 million in funding that will help ensure Californians can access clean, affordable transportation,” said Attorney General Rob Bonta. “This funding supports our continued commitment to fight air pollution and climate change and empower Californians to innovate and create clean jobs. We will continue to oppose Trump’s unlawful attempts to block Congressionally-appropriated funding and to protect innovation and our environment.”

"President Trump tried to kill billions in funding for our national EV charging infrastructure, and he lost," said Governor Gavin Newsom. "California sued, California won, and now states across the country can create good-paying jobs, cut pollution, and build the charging network we need to beat China in the global race for clean vehicles. Californians want EVs, and we're committed to building the infrastructure to make that happen. The fourth-largest economy in the world isn't backing down — California is open for business."

"This decision will help us fulfill our mission to build a cleaner and more reliable transportation system for all travelers," said California Transportation Secretary Toks Omishakin. "It's in alignment with Governor Newsom's steadfast commitment to combat the climate change crisis and stand up for every Californian."

"Electric vehicles are here to stay — here in California, across the nation, and around the world — and the NEVI program is an important part of the strategy to meet our growing demand for charging infrastructure," said California Energy Commission Chair David Hochschild. "We applaud the Western District's ruling and look forward to continue building out a robust, reliable, accessible EV charging network for all Californians."

BACKGROUND

In 2021, Congress passed the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law. One provision of the IIJA appropriated $5 billion for the National Electric Vehicle Infrastructure (NEVI) formula program to facilitate a national network of electric vehicle charging infrastructure across the states, making clean cars accessible and convenient for more consumers and markets. On Day One of his administration, President Trump issued an executive order directing federal agencies to immediately stop releasing certain funds appropriated through the IIJA, including $5 billion that Congress appropriated for electric vehicle charging stations under NEVI. Following that directive, FHWA effectively halted the NEVI program by, among other things, illegally withholding billions in funds that Congress had directed to the states for building EV infrastructure. 

Attorney General Bonta Sues the Trump Administration to Protect California’s Environment and Public Health, Block Sable Pipeline Permit

January 23, 2026
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES — California Attorney General Rob Bonta today filed a lawsuit against the Trump Administration, challenging the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) orders that illegally assert exclusive jurisdiction over two California onshore oil pipelines, known as the Las Flores Pipelines or lines CA-324 and CA-325, and allow them to restart operations. Filed in the United States Court of Appeals for the Ninth Circuit, the Attorney General's petition for review challenges PHMSA’s attempt to evade state regulation through its orders to federalize the Las Flores Pipelines, approve Sable Offshore Corp.'s (Sable) Restart Plan, and issue Sable an emergency permit to restart oil transport through the pipelines. In the lawsuit, Attorney General Bonta and the Office of the State Fire Marshal argue that PHMSA's orders violate the Administrative Procedure Act and ask the Court to overturn PHMSA’s illegal orders.

“In its latest unlawful power grab, the Trump Administration is illegally claiming exclusive federal authority over two of California's onshore pipelines. California has seen first-hand the devastating environmental and public health impacts of coastal oil spills — yet the Trump Administration will stop at nothing to evade state regulation which protects against these very disasters,” said Attorney General Rob Bonta. “The President is once again prioritizing his donors over our people and communities. California will not stand idly by as the President endangers California's beautiful coastline and our public health to increase profits for his fossil fuel industry friends.”

"The Office of the State Fire Marshal is committed to its mission to protect the people, property, and natural resources of California," said State Fire Marshal Daniel Berlant. "Our team has worked diligently to uphold the terms of the consent decree and ensure the safety of lines CA 324 and CA 325.”

On December 17, 2025, the federal PHMSA illegally reclassified the Las Flores pipelines that run from Santa Barbara County to Kern County as “interstate.” The reclassification purports to shift oversight over the pipelines from the State Fire Marshal to PHMSA even though the pipelines originate at Las Flores Canyon in Santa Barbara County. Before December 17, 2025, PHMSA had classified these onshore pipelines as intrastate pipelines subject to State safety regulation and oversight. On December 22, 2025, PHMSA issued an order approving Sable’s plan to restart oil production based on President Trump’s bogus “National Energy Emergency” Executive Order that Attorney General Bonta has previously challenged.

The onshore pipelines have been shut down for a decade since the 2015 Refugio Beach oil spill, when a corroded segment of one pipeline ruptured and released hundreds of thousands of gallons of oil near Santa Barbara. The oil spill caused serious harm to public health and safety including releasing hazardous oil and fumes that sickened communities, contaminated coastal waters, harmed hundreds of marine mammals and seabirds, and shut down beaches and fisheries for months — damaging local economies. It resulted in a Consent Decree — to which PHMSA was a party — that expressly acknowledged and approved the State Fire Marshal’s role in reviewing and approving any planned restart of the onshore pipelines. PHMSA’s current position represents a significant departure from this agreement and the way in which PHMSA historically viewed the pipelines.

In the petition, the Attorney General and the State Fire Marshal allege that PHMSA’s orders were arbitrary and capricious and violate the Administrative Procedure Act.

Federal Accountability: 
Environment

Attorney General Bonta Announces $3.35 Million Settlement with Plastic Bag Manufacturers

January 16, 2026
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta today announced settlements totaling $3.35 million with three major plastic bag producers, Novolex Holdings, LLC (Novolex), Inteplast Group Corporation (Interplast), and Mettler Packaging LLC (Mettler), resolving allegations that the companies violated Senate Bill (SB) 270, the Environmental Marketing Claims Act (EMCA), False Advertising Law, and Unfair Competition Law by unlawfully marketing and selling non-recyclable plastic bags in California. 

This follows earlier settlements with four other plastic bag producers — Revolution Sustainable Solutions (CA), LLC (Revolution), Metro Poly Corp. (Metro Poly), PreZero US Packaging, LLC (PreZero), and Advance Polybag, Inc. (API) — that were announced in October 2025. Altogether, the seven producers have agreed to pay over $5.1 million in penalties and attorneys’ fees. Effective January 1, 2026, another law (SB 1053, authored by Senator Catherine Blakespear) prohibits retailers from providing plastic bags to consumers at checkout counters, requiring that stores instead offer only recycled paper bags or allow customers to bring their own reusable bags. Six of the producers also agreed to stop selling plastic bags in California in advance of SB 1053’s effective date.   

“Plastic bag manufacturers have generated enormous amounts of plastic waste, which pollute California’s environment and harm our communities,” said Attorney General Bonta. “At the California Department of Justice, we are committed to tackling the global plastic pollution crisis and the corporations behind it. Going forward, we will monitor compliance with SB 1053, to ensure that the law's goals of reducing plastic bag waste are met.”  

Single-use plastics, including plastic bags, comprise much of the plastic waste that escapes into the environment. Plastic bags block waterways, pollute ecosystems, and harm wildlife. Plastic does not biodegrade; instead, it breaks down into smaller pieces called microplastics. Microplastics have been found in drinking water, food, and even the air people breathe. More recently, microplastics have been found inside the human body: in our lungsblood, and in breast milk

The producers at issue here have provided billions of plastic bags used by California grocery retailers and have certified that these bags meet recyclability requirements as required by SB 270. However, despite the manufacturers' claims and widespread consumer belief, these plastic bags cannot be recycled to any significant degree and thus are not “recyclable,” let alone "recyclable in this state," as SB 270 required. The Attorney General is responsible for the enforcement of California’s laws, including SB 270 and the state’s unfair competition, false advertising, and misleading environmental marketing laws. 

In November 2022, Attorney General Bonta launched an investigation into producers of plastic bags over concerns that their recyclability claims are misleading. The Attorney General sent demand letters and subsequently issued investigative subpoenas, requiring producers to substantiate their claims that their bags are recyclable, including evidence supporting the producers’ implicit and explicit representations of their bags’ recyclability, such as by placing the chasing arrows symbol on the bags. 

The producers were unable to produce any documents with information regarding the quantity of plastic bags that are recycled at the producers’ own facilities; provide any firm evidence that recycling facilities in California recycle plastic bags, including facilities that producers identified as those they believe recycle their bags; or identify the percentage of plastic bags the producers sold to stores in California that were recycled. The producers also affirmed that their plastic bags display the chasing arrows symbol and direct consumers to recycle the bags, which are “claims” subject to the EMCA. Additionally, the investigation included a statewide survey to verify whether waste processing and recycling facilities accept plastic bags for recycling. Out of the 69 facilities surveyed, only two claimed to accept plastic bags, but could not confirm the bags were, in fact, recycled. This survey confirmed that the vast majority of facilities in California do not accept plastic bags or process them for recycling.

Attorney General Bonta obtained settlements in October 2025 with Revolution, Metro Poly, PreZero, and API, who agreed to stop sell plastic bags in California and collectively paid $1,753,000. We concurrently filed a lawsuit  against Novolex, Inteplast, and Mettler. As part of the settlements announced today, Novolex will pay $1,650,000, Inteplast will pay $1,000,000, and Mettler will pay $700,000. These settlement amounts bring the total for all seven producers in this matter to $5,103,000, which includes $3,475,000 in civil penalties and $1,628,000 in attorneys’ fees and costs.

California Is Not Your Playground: Attorney General Bonta Condemns Trump Administration’s Plans to Approve Offshore Drilling Operations off California’s Coast

November 20, 2025
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta today issued the following statement in response to President Trump’s draft plan to open up waters offshore California for drilling:

“Time and again, President Trump has shown that his interest lies with his Big Oil friends profiting at the expense of our environment and public health. California takes our responsibility to steward our environment and natural resources seriously — we are not a rich man’s playground, and the President cannot come and extract resources as he pleases. California will not stand by while the Trump Administration marches in and make a mess of our coastal towns and waterways in order to line the pockets of its wealthy friends. The livelihoods of millions of Californians depend on the economies and industries supported by our coastal areas. My office stands fully opposed to this plan and is committed to protecting California’s natural resources.”

In June, Attorney General Bonta and a coalition of states sent a letter to the federal government opposing offshore oil and gas drilling in the Atlantic and Pacific Oceans. In the letter, the states argued that there is no compelling need to risk marine and coastal resources for the limited supplies of fossil fuels off of our coasts. The United States already produces more oil and gas than any other country and exports more than it uses, and demand for gasoline has been dropping since 2019, especially on the East and West coasts.

Attorney General Bonta Files Motion for Preliminary Injunction to Preserve Solar for All Funding

November 14, 2025
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta today joined a coalition of 22 attorneys general and two states in filing a motion for a preliminary injunction to ensure that the U.S. Environmental Protection Agency (EPA) preserves funding for the Solar for All federal grant program while litigation is pending. In August, EPA Administrator Lee Zeldin announced that the agency would terminate the Solar for All program, asserting the agency no longer had statutory authority to administer the funds. Administrator Zeldin’s directive terminated nearly $250 million in funds owed to California, where state agencies were preparing to build out community solar and associated clean energy projects. In October, Attorney General Bonta and the coalition challenged the Trump Administration in a pair of lawsuits over the unlawful termination of this funding. In today’s motion, filed in the U.S. District Court for the Western District of Washington, the coalition asks the District Court to freeze congressionally appropriated Solar for All funds — including both the funds still in the states’ accounts and the funds already taken out — so that the Court can restore the program later if the coalition is ultimately successful in their litigation. A preliminary injunction will ensure that the funds are protected from being moved outside of EPA, where they could become unrecoverable.

“Without the District Court’s intervention, states including California will experience irreparable harm from the EPA’s actions,” said Attorney General Bonta. “That’s why we, alongside a broad coalition of attorneys general, are filing this motion to protect funding for the Solar for All program—a nationwide program that promises to address climate change, stimulate the economy, and promote energy independence and grid reliability, while also lowering energy costs.”

In 2022, Congress appropriated $7 billion to EPA through the Inflation Reduction Act specifically to develop competitive grant programs to expand solar energy access nationwide. EPA designed the Solar for All program to provide financial and technical assistance for the deployment of zero-emission technology, including residential and distributed solar to reduce greenhouse gas emissions in low-income and disadvantaged communities. EPA issued 60 competitive awards in 2024 to states, municipalities, and non-profit organizations, ranging from $43.5 million to almost $250 million per recipient. 

In their motion, Attorney General Bonta and the coalition argue that: 

  • The states are likely to prevail in their claims that the Trump Administration’s actions violate the Administrative Procedure Act and congressional mandates. 
  • The states will suffer irreparable harm in the absence of preliminary relief prohibiting EPA from de-obligating and reprogramming Solar for All funding. In California, state agencies were expecting to receive almost $250 million, including more than $200 million to build out community solar systems, which would enable California residents to obtain 20% monthly discounts on electricity bills in exchange for participating in the Solar for All program—primarily aimed at lower- and middle-income families. The funding also included $9 million for workforce training—enabling more California workers to acquire skills needed to help build a sustainable future. 
  • The irreparable harms that would flow from EPA’s decision to move the Solar for All funds outside of the agency overwhelmingly favor preliminary injunctive relief.  

In filing today’s motion for a preliminary injunction, Attorney General Bonta joins the attorneys general of Arizona, Washington, Minnesota, the District of Columbia, Colorado, Connecticut, Hawaiʻi, Illinois, Massachusetts, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, and Vermont. Also joining today’s filing are the governors of Kentucky and Pennsylvania, as well as the Wisconsin Economic Development Corporation.  

A copy of the motion can be found here.

Attorney General Bonta: In California Progress Will Prevail

November 7, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO — California Attorney General Rob Bonta today delivered remarks on California Department of Justice’s preparations to protect California’s values, people, and natural resources ahead of a second Trump Administration. To view a recording of the press conference, please visit here

Attorney General Bonta's Remarks as Prepared for Delivery:

As the reality of a second Trump Administration takes hold, I know there is a great deal of fear, sadness, anxiety, and panic. 

I understand. 

I’m here today to reassure you that in California, progress will prevail. 

No matter who is in the White House, no matter who holds control of Congress, in California we will keep moving forward. 

In California, we will choose calm over chaos. 

Fact over fiction.

Belonging over blame.

Unity over division. 

“Us and we” over “I and me.” 

It’s why we’re the 5th largest economy in the world. Not in spite of our commitment to workers, consumers, and the environment, because of it. 

Because we’re the largest and most diverse state in the nation.

Because we believe in the power of inclusivity.

Because we believe in truth over lies. Hope over hate. Light over dark.

Because  we believe in looking forward.

It’s who we are in the Golden State. It’s in our DNA. Nothing and no one can change that. 

As Attorney General, I’ll continue to use the full force of the law and authority of this office to address injustice. 

To stand up for all people, especially those who have long been overlooked and undervalued.

To safeguard reproductive rights. 

And advocate for more housing — especially more affordable housing for lower and middle-income families just trying to get by.

I’ll continue to take on greedy corporate giants and fight for more affordable gas, groceries, and everything in between.  

I’ll continue to defend our world-renowned natural resources and protect them for generations to come. 

Continue to fight for clean water to drink and clean air to breathe.

Continue to crack down on illicit guns on our streets and get fentanyl out of our neighborhoods. 

Continue to fight for workers.

I’ll continue to protect, defend, and serve every single Californian. No matter your politics. 

I’m here to ensure every person — no matter how they look, how much money they make, where they’re from, who they love, how they identify, or how they pray — can pursue their version of the California Dream. 

A fair wage and good benefits.  

A safe and affordable place to live.  

Affordable and accessible health care. 

Good schools to send our kids to. 

Safe neighborhoods to raise our families. 

That’s my promise to you, no matter who is in the White House.  

We’ve been here before.

We lived through Trump 1.0. 

We know what he’s capable of. 

We know what plans he has in store. 

The silver lining is just that: we know. 

We know to take Trump at his word when he says he’ll roll back environmental protections, go after our immigrant and LGBTQ+ communities, attack our civil rights, and restrict access to essential reproductive care.

Which means, we won’t be flat-footed come January.

You can be sure that as California Attorney General, if Trump attacks your rights: I’ll be there. 

If Trump comes after your freedoms: I’ll be there. 

If Trump jeopardizes your safety and well-being: I’ll be there.

California DOJ did it before and we’ll do it again.  

During the last Trump Administration, California DOJ fought to stop illegal rollbacks and proposals that would’ve harmed the well-being, health, safety, and civil rights of our people and of people across the country. 

That would have caused irrevocable damage to our environment.

No matter who is in charge of the federal government…

No matter what the incoming Administration has in store… California will remain the steadfast beacon of progress it has long been.  

A constant, unwavering, immoveable force to be reckoned with.  

We’ll continue to be a check on overreach and push back on abuse of power. 

Be the antidote to dangerous, extremist, hateful vitriol.

Be the blueprint of progress for the nation to look to.

Remember: in moments of chaos in D.C., you can always look to California for calm resolve. 

California leaders across the state are ready to stand arm-in-arm. 

Governor Newsom and every single Constitutional Officer;  

Senator Padilla and Senator-elect Schiff;  

Democratic members of Congress; 

Pro Tem McGuire, Speaker Rivas, and the California Legislature; 

Mayors, supervisors, and city councilmembers from San Francisco to San Diego are ready to fight for our California values. 

For our people. For our environment.

For progress and justice.

And as necessary, we’re ready to take on the challenges of a second Trump Administration — together.

While a great deal of change is on the horizon…

California’s path to progress remains full steam ahead.

It may not always be linear. Progress so rarely is. 

It zigs and zags. Takes frustrating detours. Inches forward and backward and forward again. 

The detours and setbacks don’t define our progress.

Our commitment to forward momentum defines our progress. Defines us. 

It’s what we do next that will define us. 

If you’re feeling despondent today, remember that you’re not alone. 

In California, we’re not looking back. We’re not moving back. 

We’re California! We’ll meet any challenges head on and rise to the occasion.

As is so often said, as California goes, so goes the nation.

In the days and months and years to come, all eyes will look west. 

In California, they’ll see: we’re still moving forward.

Thank you. 

Attorney General Bonta Announces $2.5 Million Settlement with East Oakland Metal Foundry

July 2, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND  California Attorney General Rob Bonta today announced a $2.5 million multi-party settlement with AB&I Foundry (AB&I), which manufactured cast-iron and metal pipe fittings in East Oakland. The settlement resolves two consolidated Proposition 65 lawsuits filed against AB&I and its parent company, McWane, Inc., by the environmental justice organization Communities for a Better Environment (CBE) and the California Department of Justice’s Bureau of Environmental Justice. Both lawsuits alleged that AB&I unlawfully emitted hexavalent chromium — an extremely potent carcinogen — into the air without providing clear and reasonable warnings to residents, in violation of Proposition 65. As part of the $2.5 million combined settlement, the California Air Resources Board (CARB), which received assistance from the Bay Area Air Quality Management District, is also separately resolving nuisance odor allegations brought against AB&I for a long history of odor complaints in the community.

“I expanded our Bureau of Environmental Justice so that it could better protect low-income communities and communities of color from environmental pollution. East Oakland is one of those very communities,” said Attorney General Bonta. “While we cannot undo the harm AB&I caused, today’s settlement holds the company accountable, provides critical health services to community members, and trains local students in environmental science and advocacy strategies. I am deeply grateful to the California Air Resources Board and Communities for a Better Environment for their partnership.” 

“Collaboration with the Attorney General’s Office and the Bay Area Air Quality Management District was key in eliminating the nuisance odors from AB&I that compromised air quality in one of California’s most vulnerable communities,” said California Air Resources Board Chair Liane Randolph. “The efforts of CARB and the District's enforcement teams removed a significant source of air pollution and led to AB&I providing funding for local community projects to clean Oakland’s air and address the local impacts of air pollution.”

"Communities for a Better Environment is proud to stand alongside the Attorney General's Office and CARB in this landmark settlement, which not only seeks justice for our community but also sets a precedent for holding polluters accountable,” said Esther Goolsby, East Oakland resident and CBE Northern California Co-Director. “This settlement sends a clear message that the health and well-being of our community are of paramount importance, and any activities that harm our environment and endanger our residents will not be tolerated. We also express our appreciation to the community members, advocates, and organizations who have supported us throughout this legal process."

As part of the Proposition 65 settlement, McWane will pay a total of $1.3 million, of which half will be allocated toward supplemental environmental projects. Supplemental environmental projects offset civil penalties by sending money toward projects that address the harm caused by a defendant. The remainder of the Proposition 65 settlement will go toward civil penalties, and attorneys’ fees and costs. The following is a breakdown of the $1.3 million settlement:

  • $500,000 to Roots Community Health, which will operate mobile health clinics in Oakland that provide medical services to children with respiratory issues and unhoused community members, who are among those most directly impacted by AB&I’s emissions.
  • $150,000 to the Rose Foundation for Communities and the Environment’s “New Voices are Rising” program, which seeks to amplify civic participation in under-represented communities and increase young people’s commitment to environmental justice by training Oakland students to advocate for and advance important community-centered environmental improvement projects.
  • $237,336 to CBE in reimbursement of their attorneys’ fees and costs associated with this matter.
  • $281,414 to the Attorney General’s Office in civil penalties and reimbursement of attorneys’ fees and costs associated with prosecuting this matter.
  • $112,500 in civil penalties to the Office of Environmental Health Hazard Assessment (OEHHA), the lead agency for the implementation of Proposition 65. 

McWane will also pay $1.2 million to settle nuisance odor violations with CARB. Like the California Department of Justice, CARB intends to allocate half of its settlement total to supplemental environmental projects, also involving Roots Community Health and the Rose Foundation for Communities and the Environment. CARB can be contacted for additional information regarding its settlement.

California’s voters passed Proposition 65 in 1986 to protect people from exposure to chemicals that cause cancer and reproductive harm. CBE alleged in its Proposition 65 lawsuit brought on December 16, 2021 that AB&I failed to warn East Oakland residents about exposure to hexavalent chromium and other chemicals at levels that exceeded regulatory limits. The California Department of Justice’s Bureau of Environmental Justice filed a separate lawsuit on February 15, 2022, alleging violations of Proposition 65’s warning requirements as well as claims for unfair business practices and harm to natural resources. The Alameda Superior Court consolidated the California Department of Justice’s lawsuit with CBE’s lawsuit. In 2022, McWane closed the AB&I facility.

East Oakland’s population is 66% Latino and 21% African American. Residents live to the north, east, and south of the foundry. Approximately 10 schools are located within a mile of the former foundry, including Acorn, Woodland, and Encompass Academy Elementary Schools, which are less than half a mile away. Numerous unhoused Californians live within a quarter mile of the foundry, including along the foundry’s fenceline. Hexavalent chromium is listed as a carcinogen and reproductive toxicant by the State of California, and requires a warning when exposures exceed a certain threshold. When hexavalent chromium is inhaled, it is 5,000 times more potent than the carcinogen benzene, and it can cause lung and other forms of cancer, as well as adverse respiratory health impacts.

A copy of the proposed stipulated consent judgment has been filed with the Court for its review and can be found here.

Attorney General Bonta Leads Multistate Coalition to Defend U.S. EPA’s Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles

May 23, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — On behalf of California and leading a multistate coalition of 23 attorneys general and four cities, California Attorney General Rob Bonta and the California Air Resources Board (CARB) filed a motion to intervene in the U.S. Court of Appeals for the D.C. Circuit to help defend the U.S. Environmental Protection Agency (EPA)’s final greenhouse gas emission standards for heavy-duty vehicles. These vehicles include freight trucks, delivery trucks, buses, shuttles, and vocational vehicles such as street sweepers and refuse haulers. The rule will reduce 1 billion tons of greenhouse gas emissions and result in $10 billion annual climate benefits, $300 million in annual non-greenhouse gas public health benefits and $3.5 billion in annual operational savings for the trucking industry over the lifetime of these vehicles. Currently, the rule is being challenged by 25 Republican-led states, which seek to stop emissions standards for heavy-duty vehicles from taking effect. 

“We cannot let groundless claims derail our prompt action against this climate crisis,” said Attorney General Bonta. “Not only does EPA’s rule provide robust economic benefits, it also protects communities from harmful air pollution, especially communities of color and low-income communities that disproportionately bear the burden of this pollution. That’s why I will continue to fight to defend solutions based on science and facts.” 

“In California, while trucks represent only 6% of vehicles on the road, they generate almost 25% of greenhouse gas emissions from their exhaust, making them an essential sector for solutions that reduce pollution and clean the air,” said CARB Chair Liane Randolph. “The climate crisis and poor air quality that so many communities across the nation face needs to be tackled with strong policies that advance technological innovation, and California is proud to advocate for continued progress and America’s leadership on solutions.”

Transportation is the leading source of GHG emissions in the country, and heavy-duty vehicles contribute 25% of emissions within the sector, making them the second-largest contributor of transportation emissions. In addition, heavy-duty vehicles are a significant source of non-GHG pollution that detrimentally affects air quality and imposes serious health effects including premature death and asthma. The impacts of both climate change and poor air quality disproportionately harm environmental justice communities, especially the 72 million Americans who live near major truck freight routes, who are more likely to be people of color or low-income.

This intervention continues California’s support for the Biden Administration’s efforts to reduce emissions across the country. This April, Attorney General Bonta, alongside Governor Newsom and CARB, led a multistate coalition to help defend EPA’s emissions standards for light- and medium-duty vehicles for model years 2027-2032.

Attorney General Bonta and CARB are joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia, the city and county of Denver, and the cities of Chicago, Los Angeles, and New York in filing the motion.

A copy of the motion can be found here.

Attorney General Bonta: Gas Pipeline Capacity Expansion a Threat to the Environment

October 19, 2023
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta today issued the following statement in response to the Federal Energy Regulatory Commission’s (FERC) decision allowing the expansion of TC Energy’s Gas Transmission Northwest Express (GTN) pipeline capacity. TC Energy is the same company behind the now-abandoned Keystone XL pipeline. Stretching over 1,377 miles from British Columbia, Canada and terminating just north of California, the GTN pipeline will increase the amount of natural gas carried by the pipeline by 150 million cubic feet per day, resulting in increased greenhouse gas emissions and air pollution impacts. 

“I'm deeply disappointed with FERC's decision. When we expand gas infrastructure, it’s all too often minority, low-income, and Indigenous communities that pay the price,” said Attorney General Bonta. “Day after day, we're seeing the effects of climate change. I vow to continue fighting to protect our environment."

On August 22, 2022, Attorney General Bonta joined the attorneys general of Washington and Oregon in filing a motion to intervene and requesting that FERC deny the application for Certificate of Public Convenience and Necessity needed to expand the capacity of the GTN pipeline. In addition, that same day, the Western states submitted comments criticizing FERC’s draft Environmental Impact Statement (EIS) for the capacity expansion. The expansion is expected to result in more than 3.24 million metric tons of greenhouse gases emissions per year, including methane and carbon dioxide, and generate an estimated $12 billion in social costs.