Environment

SACRAMENTO -- Attorney General Kamala D. Harris today announced her support for SBX2 5, legislation authored by Senator Mark Leno to protect children and youth from the harmful effects of electronic cigarettes.  The bill ensures that e-cigarettes are included in existing laws that prevent underage smoking and mandate smoke-free spaces by explicitly defining them as “tobacco products,” in addition to requiring child-resistant packaging.

“Protecting children from a life of nicotine addiction is essential to good public health and smart fiscal policy,” said Attorney General Harris.  “I thank Senator Leno for his leadership on this issue and urge the Legislature to approve this important legislation.”

SBX2 5 will include e-cigarettes in California’s Smoke-Free Act, which prohibits smoking at workplaces, schools, daycares, restaurants, bars, hospitals and on public transportation. The legislation will also make sure e-cigarettes are covered under the 1994 Stop Tobacco Access to Kids Enforcement (STAKE) Act, which has successfully reduced illegal sales of cigarettes to children.  Tobacco use in California is responsible for $13.29 billion in health costs each year.

Attorney General Harris earlier this year launched a first-of-its-kind Bureau of Children’s Justice, with the aim of bringing together the California Department of Justice’s criminal and civil law enforcement tools to hold those who prey on children accountable, help shape and implement policies that help children, and work with a range of stakeholders to better support kids.  More info on the Bureau is available here: https://oag.ca.gov/bcj.

SACRAMENTO -- Attorney General Kamala D. Harris released the following statement on SB 350, the Clean Energy and Pollution Reduction Act of 2015, and SB 32, Climate Pollution Reduction Beyond 2020:

“Today, millions of Californians enjoy cleaner air and water because of our state's longstanding efforts to improve our environment.  SB 350 and SB 32 build on this legacy by setting aggressive but achievable clean energy goals. These bills will ensure California continues to innovate smart solutions to climate change while growing our economy and improving public health.”

LOS ANGELES – Attorney General Kamala D. Harris today released the following statement in support of President Barack Obama’s America’s Clean Power Plan which will limit the amount of greenhouse gases emitted by fossil fuel-fired power plants.

“Power plants emit pollutants that contribute to climate change and, left unchecked, those pollutants harm our natural resources and pose a grave threat to public health,” said Attorney General Harris. “California is leading the world in curbing greenhouse gas emissions and pioneering clean and renewable energy.  The President’s clean power plan, combined with California’s green innovation, create a path for the nation to protect our environment for current and future generations.”

Attorney General Harris has fought to protect AB 32, the Global Warming Solutions Act of 2006, which has served as a global model for reductions in greenhouse gas emissions. In 2014 and 2015, Attorney General Harris and a coalition of states intervened in cases filed in the D.C. Circuit Court of Appeals to defend the EPA’s authority to propose rules limiting emissions of greenhouse gases from existing power plants.

SANTA BARBARA— Attorney General Kamala D. Harris today toured the clean up efforts at the Refugio State Beach and surrounding area affected by the last month’s oil spill.

“This oil spill has scarred the scenic Santa Barbara coast, natural habitats and wildlife,” said Attorney General Harris. “I want to thank the federal, state and local agencies working around the clock to restore our coastline. We will continue to devote all necessary resources to hold the responsible parties accountable.”

The Attorney General’s office and the Santa Barbara District Attorney are conducting a joint criminal and civil investigation of the oil spill. 

On May 19, a pipeline operated by Plains All American Pipeline ruptured north of Refugio State Beach in Santa Barbara County, California, spilling over 100,000 gallons of crude oil into the Pacific Ocean and onto coastal beaches. Local, state and federal agencies have been leading efforts to protect natural habitats and clean up residual hazardous materials along the coast.

Photos from today's events can be found below:

Photo Credit: Ricardo Miranda Photography. For high resolution copies of these images, please contact agpressoffice@doj.ca.gov

LOS ANGELES— Attorney General Kamala D. Harris today issued the following statement on the oil spill off Refugio State Beach in Santa Barbara County. The Attorney General’s office is actively working with the Santa Barbara District Attorney’s office and state and federal agencies to investigate the incident.    

“California’s coastline is one of the state’s most precious natural treasures. This oil spill has scarred the scenic Santa Barbara coast, natural habitats and wildlife.  My office is working closely with our state and federal partners on an investigation of this conduct to ensure we hold responsible parties accountable.”

SAN FRANCISCO — Attorney General Kamala D. Harris today announced an $11.5 million settlement with Phillips 66 and ConocoPhillips. The settlement resolves law enforcement allegations that the companies violated state laws governing the proper operation and maintenance of underground storage tanks used to store gasoline for retail sale. The companies failed to comply with hazardous materials and hazardous waste laws at over 560 gasoline stations owned or operated by the companies in the state of California.

“Phillips 66 and ConocoPhillips failed to adequately monitor hazardous materials in large gasoline holding tanks, which endangered nearby water supplies," said Attorney General Harris. "This settlement holds Phillips 66 and ConocoPhillips accountable for this dangerous negligence and will ensure future compliance with environmental laws.”

The Attorney General’s office was joined in this enforcement action by Alameda County District Attorney Nancy E. O’Malley, El Dorado County District Attorney Vern Pierson, Merced County District Attorney Larry D. Morse II, Nevada County District Attorney Clifford Newell, Placer County District Attorney R. Scott Owens, San Bernardino County District Attorney Michael A. Ramos, and Stanislaus County District Attorney Birgit Fladager.

“My office is committed to protecting the environment and the public from potential exposure to hazardous materials,” says District Attorney O’Malley. “When corporations place our valuable water resources in jeopardy by failing to comply with environmental laws and regulations, they must be held accountable.  The settlement today achieves this important goal.”

The complaint, filed in January of 2013, alleges that – since 2006 – Phillips 66 and ConocoPhillips have violated anti-pollution laws with respect to underground storage tanks by failing to properly maintain leak detection devices, test secondary containment systems, conduct monthly inspections, train employees in proper protocol, and maintain operational alarm systems, among other violations.

A statewide investigation found violations of hazardous materials and hazardous waste laws and regulations at gas stations in 34 counties across the state. The companies have sold nearly all of their interests in the underground storage tank sites in California. The parties have agreed to resolve the matter, and the Alameda County Superior Court approved the final judgment.

Deputy Attorneys General Brett J. Morris and Jason P. Garelick handled the case for Attorney General Harris’ Environment Section.

A copy of the settlement agreement is attached to the online version of this release at oag.ca.gov.

SAN FRANCISCO – Attorney General Kamala D. Harris and the Regional Water Quality Control Board, San Francisco Bay Region, along with the U.S. Environmental Protection Agency and the U.S. Department of Justice, today announced a $7.5 million settlement with Lehigh Cement to resolve allegations of environmental violations. The settlement requires that the Lehigh cement plant near Cupertino reduce toxic discharges to Permanente Creek, a tributary to San Francisco Bay, and pay $2.55 million in civil penalties.

"Lehigh Cement discharged millions of gallons of industrial wastewater that flowed into the San Francisco Bay," said Attorney General Kamala D. Harris.  "This settlement holds Lehigh Cement accountable for its actions and will prevent future toxic discharges.  I thank our state and federal partners for their work to protect this precious resource and consumers from the serious environmental and health damage caused by water pollution.”

“Today’s Clean Water Act settlement, done jointly with the state of California, will remove selenium and other toxic substances from Permanente Creek and help protect the fragile and life-sustaining ecosystem of San Francisco Bay,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division.  “By bringing this older facility up to contemporary standards, and by pushing it to introduce cutting-edge treatment technology, the Department of Justice and our partners are helping create a level playing field, where all industry members are held to the same standards and no company can gain an economic advantage over its competitors by shortchanging environmental compliance.”

“EPA and California are working together to enforce the Clean Water Act and help restore San Francisco Bay,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “Every action we take to remove selenium and other toxic metals improves water quality and leads to a healthier and more resilient Bay.”

“This settlement will result in important reductions in pollutant discharges, in facility upgrades, and in improvements to help protect and restore water quality in Permanente Creek and San Francisco Bay,” said Bruce Wolfe, San Francisco Bay Regional Water Board Executive Officer. “We will continue our multiagency efforts to regulate all water quality aspects of this facility, including installation of the full-scale wastewater treatment system, restoration of stream habitat, and control of stormwater runoff.” 

As part of the settlement, the cement plant, owned by Hanson Permanente Cement Inc. and operated by Lehigh Southwest Cement Co., will spend more than $5 million to install wastewater treatment to significantly reduce its selenium discharges. In addition, Lehigh and Hanson will be required to make other facility improvements to prevent future violations.

Over a five-year period, Lehigh’s limestone mine and cement plant discharged millions of gallons daily of quarry process water and stormwater polluted with thousands of pounds of sediment, and hundreds of pounds of selenium and other toxic metals, into Permanente Creek, in violation of the Clean Water Act.

The proposed Clean Water Act settlement, is subject to a 30-day public comment period and court approval. Details of the settlement are available at: http://www.justice.gov/enrd/Consent_Decrees.html

SAN FRANCISCO – Attorney General Kamala D. Harris and Alameda County District Attorney Nancy E. O’Malley today announced a settlement with AT&T to resolve allegations that hundreds of AT&T’s California facilities unlawfully disposed of hazardous waste and material over a nine-year period. As part of the settlement, AT&T will pay $23.8 million. In addition, AT&T will spend an estimated $28 million over the next five years to implement the enhanced environmental compliance measures required by the settlement.  The settlement and proposed judgment, filed in Alameda County Superior Court, requires approval from the court before becoming final.

“This settlement holds AT&T accountable for unlawfully dumping electronic waste,” Attorney General Harris said.  “The illegal disposal of hazardous waste can lead to serious environmental and health risks for California communities. AT&T will be required to implement strict compliance measures at its facilities that set an example for other companies to safeguard our communities against hazardous waste.” 

This is the first enforcement action in California against a telecommunications company for its management of electronic waste. 

“Today’s settlement marks a great victory for California’s ongoing efforts to ensure that hazardous waste is disposed of in a safe, legal and environmentally sustainable manner,” states Alameda County DA Nancy E. O’Malley. “Whether a small local business or a huge international company, my Office will pursue all necessary legal action against entities that pollute our environment.  This legal action should put others on notice that local and state agencies will continue to work together to investigate and prosecute violations against our environment.”

The civil enforcement action and proposed settlement against AT&T were filed today in Alameda County by Attorney General Harris and the District Attorney O’Malley, and is the product of a robust investigation by the two offices together with the Department of Toxic Substances Control.  The enforcement action claims that more than 235 AT&T warehouse and dispatch facilities throughout the state unlawfully handled and disposed of various hazardous wastes and materials over a nine-year period. Those hazardous wastes and materials primarily consisted of electronic equipment, batteries, aerosol cans, as well as certain gels, liquids and other items used by AT&T service technicians in delivering telephone, Internet and video services to residential and business customers in California.

In 2011, inspectors from the Alameda County District Attorney’s Office Environmental Protection Division and investigators from the California Department of Toxic Substances Control conducted a series of waste inspections of dumpsters belonging to AT&T warehouse and dispatch facilities. The inspections revealed that AT&T was routinely and systematically sending hazardous wastes to local landfills that were not permitted to receive those wastes.

Upon notice of the investigation, AT&T immediately agreed to cooperate and promptly implemented measures to halt the removal of regular trash until it could be inspected to remove any potentially hazardous wastes before they reached municipal landfills.   AT&T also has voluntarily dedicated additional resources toward environmental compliance and improving its hazardous and universal waste management compliance programs.  In addition to the $23.8 million settlement payment, AT&T expects to incur another $28 million over the next five years to implement enhanced environmental compliance measures required by the settlement.  For example, AT&T has implemented multiple layers of protection against electronic waste getting into its regular trash, including contractor inspections of “staging bins” before their contents are deposited in dumpsters, hundreds of unannounced dumpster inspections annually, and three independent audits over five years.

There are 13 AT&T facilities in Alameda County and all 13 facilities were found to be unlawfully disposing hazardous waste.

If approved by the court, under the final judgment, AT&T must pay $18.8 million in civil penalties and costs. An additional $3 million will fund supplemental environmental projects furthering consumer protection and environmental enforcement in California, and AT&T will pay a minimum of $2 million to enhance its environmental compliance. The telecom provider will be bound under the terms of a permanent injunction prohibiting similar future violations of law.

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced a $750 million settlement with Powerex over claims arising from the 2000-2001 California energy crisis. The vast majority of the settlement money will go to ratepayers of California’s largest utilities.

According to testimony submitted by the Attorney General, Powerex engaged in market gaming by purchasing and exporting to Canada huge quantities of electricity California needed, and selling it back to California at exorbitant prices.

“Californians suffered through huge rate hikes and blackouts during the energy crisis,” Attorney General Harris said. “This settlement brings long-awaited compensation to California ratepayers for Powerex’s conduct.”

The settlement includes the Department of Water Resources’ California Energy Resources Scheduling (CERS) Division, the Public Utilities Commission and the state’s investor-owned utilities (IOUs), PG&E, Southern California Edison and SDG&E.

During the energy crisis, CERS purchased energy on behalf of California’s IOUs to help keep the lights on for customers. The Public Utilities Commission will determine how settlement funds will flow to the ratepayers of the investor-owned utilities.

SAN FRANCISCO -- Attorney General Kamala D. Harris today released a letter that she and eight other Attorneys General sent to Congress strongly objecting to the Chemical Safety Improvement Act (S.1009) in its current form.

The letter outlines their shared concern that S.1009, which amends the Toxic Substance Control Act (TSCA), jeopardizes public health and safety by severely limiting states’ long-standing power to protect the public from toxic chemicals.

“This bill puts Californians at risk from toxic chemicals and inhibits the development of safer, cleaner products,” said Attorney General Harris. “California is a national leader in protecting public health and the environment from dangerous chemicals–and we aim to stay that way.”

California was joined by Attorneys Generals from Connecticut, Delaware, Maryland, Massachusetts, New Mexico, Oregon, Vermont and Washington. The letter outlines shared concern that S.1009’s preemption provisions are too broad.

In California the following programs, among others, are at risk under the current version of S.1009:

• The statewide ban on certain flame retardants.
• Laws limiting the use of volatile organic compounds in consumer products—a significant cause of ozone pollution and asthma.
• Proposition 65, which has resulted in manufacturers disclosing dangerous chemicals and reformulating products to reduce their levels. Examples include the reduction of lead in children’s bounce houses, playground structures and costume jewelry.
• California’s Green Chemistry Program, which promotes the use of safer alternatives to toxic chemicals in everyday products.

Michael Troncoso, Senior Counsel to Attorney General Harris, will testify Wednesday on the bill in front of the U.S. Senate’s Committee on Environment and Public Works.

Last month, Attorney General Harris’ office sent a letter to U.S. Senator Barbara Boxer outlining initial concerns about S.1009.

The Attorneys General letter can be found attached to this release at www.oag.ca.gov/news