Judge Rules to Include Community Group in State Lawsuit to Clean Up Chemical Manufacturing Plant

Judge Rules to Include Community Group in State Lawsuit to Clean Up Chemical Manufacturing Plant

SAN FRANCISCO – A choose ruled currently that Communities for a Improved Environment (CBE) can be a plaintiff-intervenor in a new lawsuit aimed at cleaning up a Bay Place chemical manufacturing plant currently, brought by the California Section of Poisonous Substances Control (DTSC). CBE is represented by lawyers from the NRDC (Organic Means Defense Council) and Aqua Terra Aeris (ATA) Legislation Group, as nicely as its personnel lawyers. 

In 2016, the Environmental Safety Company (EPA) uncovered that the plant in Pittsburg, California, then-owned by Dow, was processing tens of millions of gallons of waste liquids through a wastewater treatment process without the need of the required allow(s) to treat hazardous squander.  

EPA sampled the tanks storing wastewater prior to procedure and documented above 1,050 cases of corrosive hazardous wastes, as perfectly as quite a few circumstances of unauthorized procedure of toxic waste consisting of carbon tetrachloride, tetrachloroethylene, and methylene chloride. These substances critically have an effect on the central anxious system and liver, and likely lead to most cancers.   

A lot of of the very same violations have been confirmed by DTSC in November 2020, over 4 several years after EPA’s preliminary inspection. DTSC also observed some of this hazardous squander was staying stored in tanks without the need of tops and tanks that vent to the ambient air with no required pollution controls.   

Neighboring local community users continue to be involved about their exposure to dangerous squander emissions and discharges, and the opportunity for long term catastrophic leaks. Dow has considering the fact that separated into quite a few organizations, which includes Corteva, Inc. and subsidiaries, which now individual the plant. 

Much more than 5 a long time later, the Pittsburg Facility carries on to cope with and keep dangerous squander with no the protections, planning, recordkeeping, and checking that would be needed with a dangerous waste allow. CBE filed a federal lawsuit for these violations in December 2019. The Condition, by means of the Office of Poisonous Substances Control, followed with a state court docket lawsuit in September 2021. CBE’s movement to be a part of the condition lawsuit was granted now. 

“The Condition of California is stepping up to finally prevent this perilous chemical manufacturing plant from harming the community of Pittsburg and polluting the surrounding air, drinking water approaches and ecosystem, and we glimpse forward to partnering in this enforcement situation,” explained Shana Lazerow, CBE’s Authorized Director. 

 “This facility demands to be held accountable and begin following state and federal allowing procedures,” reported Simi Bhat, an NRDC lawyer handling the case. “DTSC’s involvement in this situation is crucial to show Dow and other individuals in the sector that slicing corners even though production chemical substances will not be tolerated.” 

“Treating dangerous wastes devoid of a allow not only poses main dangers for the bordering neighborhood, but also denies the public from being aware of how all those wastes are managed from the ‘cradle to grave,’ as needed,” stated Matthew Maclear, an ATA spouse handling the case.   

Communities for a Better Environment (CBE) is one of the preeminent environmental justice corporations in the country. The mission of CBE is to develop people’s electrical power in California’s communities of shade and minimal money communities to accomplish environmental health and justice by preventing and lowering pollution and developing green, wholesome and sustainable communities and environments. Visit us at www.cbecal.org  

The Organic Means Defense Council (NRDC) is an intercontinental nonprofit environmental corporation with a lot more than 3 million associates and on the net activists. Because 1970, our attorneys, researchers, and other environmental professionals have labored to defend the world’s pure sources, general public wellness, and the natural environment. NRDC has places of work in New York City Washington, D.C. Los Angeles San Francisco Chicago Bozeman, Montana and Beijing. Take a look at us at www.nrdc.org and follow us on Twitter @NRDC

Aqua Terra Aeris Regulation Team (ATA) is an Oakland-dependent law organization devoted to shielding the public overall health and setting for Californians.  Stop by us at www.atalawgroup.com

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