Lawsuits & Settlements

Attorney General Edmund G. Brown Jr. sued the Tulare County Board of Supervisors on Thursday to overturn the board's approval of two mega-dairies housing more than 12,000 cattle near Allensworth State Park, a nationally registered historic site honoring a pioneering black settlement founded by a former slave.

The California Department of Justice lawsuit alleges the Tulare County Board of Supervisors on March 20 violated the California Environmental Quality Act when it approved the cow pens located about a mile away from the historic site. The suit says the dairy will produce 20 tons of manure and other contaminants each day.

"Allensworth State Park will be compromised by the odors, flies and air and water pollution generated by these large dairies in such close proximity,' the Tulare County Superior Court lawsuit said. 'By bringing a large industrial dairy operation into the immediate surroundings of the park, the dairy project threatens the park's historic integrity and its function to convey a historically accurate picture of the way of life of the Allensworth pioneers.'

The park preserves a town founded by Allen Allensworth, which was an agricultural haven for former slaves and sharecroppers in the Central Valley of California. Allensworth, a slave born in 1842, served in the U.S. military during the Civil War and was the first African American to receive the rank of Lieutenant-Colonel.

The lawsuit claims the Tulare County Board of Supervisors violated California environmental regulations for, among other things, approving the project 'without meaningfully evaluating and identifying the impact on the unique historical resources and setting of Allensworth State Park.'

The suit also alleges that the Tulare County Board of Supervisors did not adequately address the project's environmental impacts on the adjacent Pixley National Wildlife Refuge and the Allensworth Ecological Reserve.

A copy of the lawsuit is attached.

(SAN FRANCISCO) Six of the nation's largest auotmakers have tried to dismiss California's lawsuit against them on technical grounds but in a brief filed today by Attorney General Edmund G. Brown Jr. the State of California affirms it's commitment to hold automakers accountable. Brown also requested a personal meeting with each of the automakers to discuss ways to fight global warming without conflict.

In September 2006, the Attorney Generals Office filed suit in San Francisco federal court against leading U.S. and Japanese auto manufacturers for creating vehicles whose emissions are the largest single source of greenhouse gasses in California. The manufacturers automobiles have contributed to an international global warming threat that has damaged Californias resources, jeopardized environmental health and cost millions of dollars to address current and future negative effects.

(OAKLAND) – Attorney General Jerry Brown today announced an $8 million, 30-state settlement with Bayer Corporation that will resolve an enforcement action initiated because of Bayer’s failure to adequately disclose safety risks associated with the use of Baycol, a drug used to lower cholesterol that was pulled from the market in August 2001.

“This settlement is important because it establishes an obligation on pharmaceutical companies to inform the public and physicians about the tests they conduct on products,” Attorney General Brown said. “Posting both the positive and negative results from studies, will allow medical professionals to make better and safer prescribing decisions for their patients.”

The judgment, filed today in San Diego Superior Court, requires Bayer to publicly register most of its clinical studies and post the results at the end of each study. It also requires future marketing, sale, and promotion of its pharmaceutical and biological products to comply will all legal requirements, and prohibits Bayer from making false or misleading claims relating to any of these products sold in the United States.

In May 1998, Bayer introduced Baycol, a statin cholesterol-lowering drug, into the United States market. All statins carry a known risk of myopathy (a weakening of the muscles) and rhabdomyolysis (a more serious muscular disease). Bayer learned the risk of Baycol was significantly higher than other statins, especially at higher doses and when combined with genfibrozil (another cholesterol-lowering drug), through post-marketing surveillance of its product. In August 2001 Bayer voluntarily withdrew Baycol from the market.

The Attorneys General allege while Bayer informed the U.S. Food and Drug Administration about these adverse effects, they failed to adequately warn prescribing doctors and consumers about the risks. In entering the settlement, Bayer denies any wrongdoing.

In addition to California, the Attorneys General of the following states joined the settlement: Arizona, Arkansas, Connecticut, Delaware, Florida, Idaho, Illinois, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington and Wisconsin.