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Legal Dept
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Case HighlightsCBE stops oil companies from violating federal law by using car scrapping to avoid pollution controls:Every time oil companies load their marine tankers in Southern California ports, they emit tons of toxic vapors. In 1996, CBE received a tip that rather than controlling their pollution as required by federal law, the companies were using a loophole allowing them to earn pollution credits by scrapping old cars. CBE filed five federal Clean Air Act lawsuits against oil companies for failing to reduce toxic emissions during loading of oil tankers at their marine terminal. CBE also filed a Title VI Civil Rights complaint against the South Coast Air Quality Management District (SCAQMD) for the discriminatory impacts of the car scrapping program, which concentrated pollution in communities of color near the Ports of Los Angeles and Long Beach. As a result of our lawsuits, the oil companies were stopped from using car scrapping pollution credits and currently are using vapor recovery equipment to eliminate pollution. In addition, Chevron agreed to donate $500,000 to fund a free community health clinic in Wilmington and to spend $500,000 to install pollution control devices at its refinery. Ultramar also agreed to donate money to Liberty Hill Foundation and American Lung Association and to pay $400,000 for installation of pollution control devices at its refinery. US EPA initiated a national review of its pollution trading policy. Finally, SCAQMD agreed to adopt an Environmental Justice Initiative which led to the amendment of Rule 1402, which reduced the allowable cancer risk from air contaminants from existing sources from 100 in a million to 25 in a million. CBE stops Pat Robertson from opening CENCO Oil Refinery near a school and residential neighborhood:In 1998, televangelist Pat Robertson attempted to start up a long-mothballed oil refinery in southeastern Los Angeles, which he renamed CENCO. The refinery, one of the worst polluters in the region, was located adjacent to an elementary school, maturing adult living complex/convalescent home, and residential neighborhood. CBE mobilized hundreds of community members to oppose the refinery opening. When regulators approved permits for the refinery, CBE filed a lawsuit in federal court alleging that Cenco and the local regulatory agency had violated the federal Clean Air Act New Source Review (NSR) requirements prior to issuing permits for the refinery. A federal judge agreed with CBE and issued a preliminary injunction revoking permits ,and the Ninth Circuit Court of Appeals upheld the ruling. In the wake of our legal work and community pressure, Cenco gave up its plans for a power plant at the site in July 2001. In October 2001, the federal court held that CBE could personally sue Pat Robertson for his control of the refinery through his trust. Documents indicate that Robertson’s Trust had invested approximately $75 million in the failed oil refinery venture. Under the settlement agreement we obtained, Cenco waived its right to open the refinery, and surrendered its permits. The agreement also provided for a payment to the Liberty Hill Foundation to be used to improve air quality. CBE sues to stop use of MTBE in California:In August 1998 CBE sued eight oil giants (Tosco, Chevron, Shell, Exxon, Mobil, Arco, Unocal, and Texaco) that produced and distributed the gasoline additive MTBE in California. CBE charged the oil companies with violating California's Unfair Competition Act which prohibits any "unlawful, unfair or fraudulent business practice,” because they introduced and profited from the use of MTBE, which has contaminated many sources of groundwater and drinking water across California. CBE attorneys discovered that company scientists had long warned the oil giants about the environmental risks of MTBE-added gasoline before it was put on the market. After three years of litigation, CBE won settlements requiring the companies to clean-up over 700 MTBE contaminated sites. The case helped build political momentum resulting in a state-wide ban of MTBE by the end of 2003. CBE lawsuit against Dow Chemical Results in Pollution Reduction, Million dollars in foundation donations, mitigation measures, and training for City staff:CBE sued the City of Pittsburg, California over its approval of a permit to allow Dow to expand its pesticide manufacturing. As a result of the settlement, Dow agreed to implement mitigation measures recommended by an independent expert, to reduce its air pollution by 25%, to spend up to $250,000 to study pesticides, o pay $500,000 to the San Francisco Foundation to benefit the environment or public health in the Pittsburg/Antioch area and to pay another $500,000 to the East Bay Community Foundation to benefit farm worker safety in California. Additionally, the City of Pittsburg agreed to retain a consultant to train city planning and other appropriate staff in the CEQA environmental review process. CBE shuts down chrome plating company next to school:Students, teachers and parents at the Suva elementary and middle school in the predominantly Latino community of Bell Gardens complained for years about pollution from a chrome plating facility which sits on the fenceline of the schools. Working with parents and nearby residents, CBE filed a lawsuit from violating state law called Proposition 65, which prohibits companies from discharging cancer-causing chemicals, including hexavalent chromium, into a potential source of drinking water. Community members have told CBE that over 25 students and five teachers at Suva have contracted or died from cancer. As a result of CBE’s community organizing efforts, state and federal agencies conducted soil and water tests at the school and facilities. High levels of cancer-causing lead and chromium have been found in soil and water respectively. As a result of the lawsuit, the company agreed to permanently stop chromeplating and under DTSC oversight, the company permanently dismantled its chrome plating equipment. The company also donated money to the Rose Foundation to fund public education efforts concerning toxic substances in the Los Angeles area. CBE sues to protect San Francisco Bay from refinery pollution:CBE sued Unocal for its illegal discharge of the toxic chemical selenium into San Francisco Bay. As a result of the settlement, Unocal agreed to comply with the federal Clean Water Act. The settlement included $3,875,000 the San Francisco Foundation to sponsor local environmental, public health, fisheries and wildlife research or restoration projects to improve water quality or reduce pollution in San Francisco Bay or its watershed. CBE also sued Exxon for selenium discharges from its refinery. As a result of the settlement, Exxon agreed to comply with the Clean Water Act and to pay $900,000 to the Rose Foundation, which will be used for local water-quality projects focusing on public health, fish and wildlife, environmental research and environmental education. San Francisco Dirty Power Plant Shut Down:At the height of the power crisis, when electricity was selling at record high prices, power generators across the state turned on some of the dirtiest plants to make more profit. Evidence now indicates that the “power crisis” was largely manufactured by market manipulation by Enron and other companies trying to maximize profit. One of those plants was the Mirant Peaker Plant (MPP) in the densely populated Potrero Hill part of San Francisco. It runs on a very dirty fuel similar to diesel and has only rudimentary pollution controls. CBE sued in federal court, alleging that the plant had to install advanced pollution control equipment if it was to run as a regular power plant. In October 2001, MPP agreed to turn off the Peaker Plant, except for in true emergencies, and to pay $100,000 in penalties to the San Francisco Foundation. CBE Defends California’s Preeminent Environmental Law from Political Attack:At the end of his administration, Pete Wilson enacted regulations designed to weaken California’s most important environmental law, the California Environmental Quality Act (CEQA). CEQA requires public review of projects that will impact the environment to consider less polluting alternatives and to require measures to mitigate any impacts. The Wilson regulations were designed to gut some of the most important provisions of CEQA that require agencies to prepare environmental impact reports in most circumstances when there is a “fair argument” that a project may have an adverse impact, and to consider the pollution from the project together with other sources in the area. CBE sued to challenge the regulations, and in October 2002 won a ruling from the State Court of Appeals reversing almost all of the regulations. The published ruling will protect CEQA for communities across California. CBE lawsuit cleans up beach town polluted by oil company operations:In 1997, CBE sued Unocal for leaking over 300,000 gallons of oil from its underground pipeline in Avila Beach, located near San Luis Obispo. The contamination threatened groundwater, the beach, and a nearby estuary. Unocal agreed to excavate the most polluted sections of Avila Beach and to essentially rebuild the town’s business section. Unocal also paid:
Summary of CBE Legal Victories from 1992 - 2003Over $6 million to foundations for environmental protection and advocacy including:
Millions spent on environmental protection and community benefits including:
CBE lawsuits and legal actions resulted in the following:
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