Environmental Group Puts Port Businesses on Guard

Shipping and trucking companies doing business in the Los Angeles and Long Beach harbors are taking seriously the threat of a lawsuit by a small environmental group that says it is concerned about the health effects of diesel exhaust.

The group, which already has filed suit against 50 companies with operations in Northern California, said the harbor companies are violating a 1986 voter-approved law requiring public warnings of possible exposure to dangerous levels of diesel exhaust.

Proposition 65 requires public notification if the exhaust--one of 550 substances listed with state regulators as causing cancer or birth defects--can be shown to pose a significant risk to human health. The companies say their emissions fall below risk levels and that they have obeyed long-standing and stringent state and federal regulations regarding diesel exhaust.

Under Proposition 65, the environmental group, the Corp. for Clean Air, is able to keep 25% of any state fines levied against the firms.

“We’re not targeting any companies with less than $500 million gross revenues annually,” said Raphael Metzger, the nonprofit group’s Long Beach-based attorney. “It’s not about putting people out of business, but just on the road to reducing emissions and posting warnings.”

An initial hearing on the Northern California lawsuits, whose defendants include General Motors Corp. and Bekins Lines, is scheduled for Sept. 12.

The Steamship Assn. of Southern California has hired the San Francisco-based law firm of Morrison & Foerster to defend 25 of their members targeted by suits.

“With very little apparent basis, this group has taken on a very large number of companies who have a long track record of responsible behavior,” said attorney Michele Corash, who is defending many of the companies in the suits.

The environmental group’s settlement offer would require the firms to halt purchases of diesel fuel and commit to converting existing fleets to alternative fuels at a rate of at least 15% for the next five years. In the interim, they would have to post cancer-hazard warnings on their vehicles and pay a “token penalty” of $1,250 per vehicle.

Metzger did not anticipate anyone taking him up on the offer. The California Air Resources Board has expressed growing concern about diesel emissions. By next January, it will consider staff recommendations that the emissions be formally listed as a toxic air contaminant, which could trigger additional regulatory requirements.

Hot Bills

* Water Recycling

Bottom Line: By promoting the use of recycled water, the state expects to add 1 million acre feet of drinking water by 2010 to its supplies. AB 1522 defines the types of commercial and retail buildings that would qualify for dual plumbing systems that allow the use of recycled water. Included specifically are commercial, retail and office buildings, prisons, military barracks and dormitories and some apartment buildings and hotels.

Chances: Passed unanimously in both houses. Signed by Gov. Pete Wilson on Monday.

Next Step: Takes effect Jan. 1

Details: AB 1522 author Assemblywoman Helen Thomson (D-Davis) can be reached at (916) 445-8368 or via e-mail at [email protected].

* Pollution Containment

Bottom Line: Adds stricter requirements to a 1997 regulation adopted by the state water board that allows polluters to permanently “contain” a polluted area if it is judged technically or economically unfeasible to clean up. This bill requires that those responsible for the pollution guarantee funding to monitor the site for its duration.

Chances: Uphill struggle for a bill strongly opposed by powerful business interests. It has been described by some as the worst environmental bill this year for its potential cost to businesses. Should the bill somehow clear the Legislature, a veto from the governor is almost guaranteed.

Next Step: The bill, which has passed the Senate, will be heard in the Assembly Appropriations Committee on Aug. 20.

Details: SB 661 author Sen. Jack O’Connell (D-Carpinteria) can be reached at (916) 445-5405.

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