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Senator Ortiz, Prosecutors & Environmentalists Support Bill Strengthening Air Quality Laws by Jesse N. Marquez August 29, 2005 Los Angeles – Senator Deborah Ortiz (D-Sacramento) joined with Los Angeles District Attorney Steve Cooley, environmental advocate Erin Brockovich and local environmental organizations to urge support of SB 109 authorizing criminal prosecutions in serious air pollution cases. “California has the toughest environmental laws in the country, but those strong statutes do little to protect our residents if they are not enforced,” Ortiz said. “SB 109 will allow prosecutors to pursue criminal charges against companies that commit the most serious violations, even when those companies already have paid civil fines to local air quality control districts.” District Attorney Steve Cooley stated, “the health of every citizen demands action by state government,” and explained that air pollution is the only environmental law that does not allow for both civil fines and criminal prosecution in egregious cases. The current law, “allows the worst violators to merely pay a fine that can be considered a cost of doing business,” Cooley said. In modifying existing air pollution law in California, SB 109 eliminates the loophole that has allowed major polluters such as oil companies and fuel storage tank facilities to escape criminal prosecution. Two cases discussed included British Petroleum (BP/ARCO) which committed hundreds of air quality violations at its refinery in Carson. Hundreds of residents and children were impacted by toxic fumes coming from the facility when it was later discovered that they had tampered with air monitoring equipment. The Los Angeles District Attorney’s office was not able to prosecute BP because of a civil settlement. The other case involved Chevron oil refinery in El Segundo, which released a large amount of sulfur compounds into the air in the communities near Los Angeles Airport endangering both public employees and private citizens in the area. The air pollution even required the evacuation of a nearby business. The Coalition For A Safe Environment presented a large color photo of ConocoPhilips oil refinery in Wilmington which showed a huge black toxic plume coming from one of its smoke stacks which traveled over ten miles and crossed the boundaries of five cities. Environmental organizations and public health organizations supporting the bill include the American Lung Association, California Attorney General’s Office, California District Attorneys Association, California Safe Schools, Comite Pro Uno, California Communities Against Toxics, Sierra Club, and Natural Resources Defense Council. Those opposing include the Western States Petroleum Association, California Chamber of Commerce, California Farm Bureau Federation, Wine Institute, Western Growers, California Manufacturers and Technology Association, California Council for Environmental and Economic Balance and Howard Jarvis Taxpayers Association. Note: SB109 PASSED IN AUGUST, 2006. (Jesse Marquez is the Executive Director of The Coalition for a Safe Environment) Next Page |
